[House Report 114-894]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-894
======================================================================
CORRECTIONS AND RECIDIVISM REDUCTION ACT OF 2016
_______
December 23, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 759]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 759) to enhance public safety by improving the
effectiveness and efficiency of the Federal prison system with
offender risk and needs assessment, individual risk reduction
incentives and rewards, and risk and recidivism reduction,
having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
CONTENTS
Page
The Amendments................................................... 1
Purpose and Summary.............................................. 18
Background and Need for the Legislation.......................... 19
Hearings......................................................... 21
Committee Consideration.......................................... 21
Committee Votes.................................................. 21
Committee Oversight Findings..................................... 21
New Budget Authority and Tax Expenditures........................ 21
Congressional Budget Office Cost Estimate........................ 21
Duplication of Federal Programs.................................. 24
Disclosure of Directed Rule Makings.............................. 25
Performance Goals and Objectives................................. 25
Advisory on Earmarks............................................. 25
Section-by-Section Analysis...................................... 25
Changes in Existing Law Made by the Bill, as Reported............ 29
The Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Corrections and
Recidivism Reduction Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RECIDIVISM RISK REDUCTION
Sec. 101. Short title.
Sec. 102. Duties of the Attorney General.
Sec. 103. Post-sentencing risk and needs assessment system.
Sec. 104. Recidivism reduction program and productive activity
recommendations.
Sec. 105. Report.
Sec. 106. Use of System and recommendations by Bureau of Prisons.
Sec. 107. Definitions.
Sec. 108. Authorization of appropriations.
Sec. 109. Rule of construction.
TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Sec. 201. Use of restraints on prisoners during the period of pregnancy
and postpartum recovery prohibited.
TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY
Sec. 301. Short title.
Sec. 302. Officers and employees of the Bureau of Prisons authorized to
carry oleoresin capsicum spray.
Sec. 303. GAO Report.
TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Secure firearms storage.
TITLE V--MISCELLANEOUS
Sec. 501. De-escalation training.
Sec. 502. Medication-Assisted Treatment for Opioid and Heroin Abuse.
Sec. 503. Monitoring of electronic communications between prisoner and
attorney.
Sec. 504. Pilot programs.
Sec. 505. Ensuring supervision of released sexually dangerous persons.
Sec. 506. Data collection.
Sec. 507. Federal prisoner reentry initiative reauthorization;
modification of imposed term of imprisonment.
Sec. 508. Release coordination.
TITLE I--RECIDIVISM RISK REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Recidivism Risk Reduction Act''.
SEC. 102. DUTIES OF THE ATTORNEY GENERAL.
(a) In General.--The Attorney General shall carry out this section in
consultation with--
(1) the Director of the Bureau of Prisons;
(2) the Director of the Administrative Office of the United
States Courts;
(3) the Director of the Office of Probation and Pretrial
Services; and
(4) the Director of the National Institute of Justice.
(b) Duties.--The Attorney General shall, in accordance with
subsection (c)--
(1) develop a prisoner risk and needs assessment system in
accordance with section 103;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
104;
(3) conduct ongoing research and data analysis on--
(A) the best practices relating to the use of
prisoner risk and needs assessment tools;
(B) the best available risk and needs assessment
tools and the level to which they rely on dynamic risk
factors that could be addressed and changed over time,
and on measures of risk of recidivism, individual
needs, and responsivity to recidivism reduction
programs;
(C) the most effective and efficient uses of such
tools in conjunction with recidivism reduction
programs, productive activities, incentives, and
rewards; and
(D) which recidivism reduction programs are the most
effective for addressing the specific criminogenic
needs of prisoners, and how much programming is
appropriate to most effectively reduce the risk of
recidivism for prisoners with different risks of
recidivating;
(4) on a biennial basis, review the system developed under
paragraph (1) and the recommendations developed under paragraph
(2), using the research conducted under paragraph (3), to
determine whether any revisions or updates should be made, and
if so, make such revisions or updates;
(5) hold periodic meetings with the individuals listed in
subsection (a) at intervals to be determined by the Attorney
General; and
(6) report to Congress in accordance with section 105.
(c) Methods.--In carrying out the duties under subsection (b), the
Attorney General shall--
(1) consult relevant stakeholders; and
(2) make decisions using data that is based on the best
available statistical and empirical evidence.
SEC. 103. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall develop and release,
for use by the Bureau of Prisons in accordance with the phase-in period
described in section 3621(b)(2) of title 18, United States Code, as
added by this Act, a prisoner risk and needs assessment system, to be
known as the ``Post-Sentencing Risk and Needs Assessment System''
(referred to in this Act as the ``System''), which shall provide risk
and needs assessment tools (developed under subsection (b)) in order
to, for each prisoner--
(1) determine the recidivism risk of each prisoner as part of
the intake process, ensuring that the recidivism risk metric
distinguishes the different rates of failure;
(2) assign the prisoner to appropriate recidivism reduction
programs or productive activities based on that determination,
the prisoner's specific criminogenic needs, and in accordance
with subsection (c);
(3) reassess the recidivism risk of each prisoner
periodically using an appropriate reassessment tool described
in subsection (b)(1)(B), and reassign the prisoner to
appropriate recidivism reduction programs or productive
activities based on the revised determination, the specific
criminogenic needs of the prisoner, and the successful
completion of recidivism reduction programs in accordance with
subsection (e); and
(4) determine when a prisoner is ready to transfer into
prerelease custody in accordance with section 3624(g) of title
18, United States Code, as added by this title.
(b) Risk and Needs Assessment Tools.--
(1) In general.--The Attorney General shall--
(A) adapt the Federal Post Conviction Risk Assessment
Tool developed and utilized by the Administrative
Office of the United States Courts in order to develop
suitable risk and needs assessment tools to be used in
the System developed under subsection (a) by using the
research and data analysis required to be conducted
under section 102(b)(3) on the best available risk and
needs assessment tools available as of the date of the
enactment of this Act, and determining, using the
methods required under section 102(c), how to make the
most effective and efficient tools to accomplish for
each prisoner, the assessments, assignments, and
reassessments described in paragraphs (1) through (3)
of subsection (a); and
(B) ensure that the risk and needs assessment tool to
be used in the reassessments described in subsection
(a)(3) measures and uses dynamic risk factors,
indicators of progress, and of regression, including
newly acquired skills and changes in attitude and
behavior over time.
(2) Validation on prisoners.--In carrying out this
subsection, the Attorney General shall statistically validate
any tools that the Attorney General selects for use in the
System on the Federal prison population, or ensure that the
tools have been so validated.
(3) Evaluation.--The Attorney General shall ensure that the
System does not result in unwarranted disparities, including
by--
(A) regularly evaluating rates of recidivism among
similarly classified prisoners to identify any
unwarranted disparities in such rates, including
disparities among similarly classified prisoners of
different demographic groups; and
(B) adjusting the System to reduce such disparities
to the greatest extent possible.
(c) Assignment of Recidivism Reduction Programs.--The System shall
provide guidance on the kind and amount of recidivism reduction
programming or productive activities that should be assigned for each
prisoner and shall provide--
(1) that the higher a prisoner's risk of recidivating, the
more programming the prisoner shall participate in, according
to the prisoner's specific criminogenic needs;
(2) information on the best ways that the Bureau of Prisons
can tailor the programs to the specific criminogenic needs of
each prisoner so as to best lower each prisoner's risk of
recidivating; and
(3) that all prisoners shall participate in recidivism
reduction programs or productive activities throughout their
entire term of incarceration.
(d) Housing Assignment.--The System shall provide guidance on
grouping and housing assignment determinations and, after accounting
for the safety of each prisoner and other individuals at the prison,
provide that prisoners with a similar risk of recidivating be grouped
and housed together to the extent practicable.
(e) Recidivism Reduction Program and Productive Activity Incentives
and Rewards.--The System shall provide incentives and rewards for
prisoners to participate in and complete recidivism reduction programs
and productive activities as follows:
(1) Family phone and visitation privileges.--A prisoner who
is successfully participating in a recidivism reduction program
or a productive activity shall receive, for use with family
(including extended family), close friends, mentors, and
religious leaders--
(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day,
and up to 900 minutes per month; and
(B) additional time for visitation at the prison, as
determined by the warden of the prison.
(2) Time credits.--
(A) In general.--A prisoner shall earn 10 days of
time credits for each 30 days that the prisoner
successfully participates in a recidivism reduction
program or productive activity, except that--
(i) a prisoner (other than a prisoner
described in clause (ii)) who has been
determined, over two consecutive reassessments,
to have reduced their risk of recidivism, shall
earn an additional 5 days of time credits for
each 30 days that the prisoner successfully
participates in a recidivism reduction program
or productive activity; and
(ii) a prisoner who has a low or no risk of
recidivism and who has been determined, over
two consecutive reassessments, not to have
increased their risk of recidivism, shall earn
an additional 5 days of time credits for each
30 days that the prisoner successfully
participates in a recidivism reduction program
or productive activity.
(B) Availability.--A prisoner may not earn time
credits under this paragraph for a recidivism reduction
program or productive activity that the prisoner
successfully participated in--
(i) prior to the date of the enactment of
this Act; or
(ii) during official detention prior to the
date that the prisoner's sentence commences
under section 3585(a) of title 18, United
States Code, if the prisoner becomes ineligible
to receive time credits under subparagraph (C).
(C) Ineligible prisoners.--A prisoner serving a
sentence as a result of a conviction for an offense
under any of the following provisions of law shall be
ineligible to receive time credits:
(i) Section 113(a)(1) of title 18, United
States Code, relating to assault with intent to
commit murder.
(ii) Section 115 of title 18, United States
Code, relating to influencing, impeding, or
retaliating against a Federal official by
injuring a family member, except for a threat
made in violation of that section.
(iii) Any section of chapter 10 of title 18,
United States Code, relating to biological
weapons.
(iv) Any section of chapter 11B of title 18,
United States Code, relating to chemical
weapons.
(v) Section 351 of title 18, United States
Code, relating to Congressional, Cabinet, and
Supreme Court assassination, kidnapping, and
assault.
(vi) Section 793 of title 18, United States
Code, relating to gathering, transmitting, or
losing defense information.
(vii) Section 794 of title 18, United States
Code, relating to gathering or delivering
defense information to aid a foreign
government.
(viii) Any section of chapter 39, United
States Code, relating to explosives and other
dangerous articles, except for section 836
(relating to the transportation of fireworks
into a State prohibiting sale or use).
(ix) Section 842(p) of title 18, United
States Code, relating to distribution of
information relating to explosive, destructive
devices, and weapons of mass destruction, but
only if the conviction involved a weapon of
mass destruction (as defined in section
2332a(c)(2) of such title).
(x) Subsections (f)(3), (h), or (i) of
section 844 of title 18, United States Code,
relating to the use of fire or an explosive.
(xi) Section 924(e) of title 18, United
States Code, relating to unlawful possession of
a firearm by a person with 3 or more
convictions for a violent felony or a serious
drug offense.
(xii) Section 1030(a)(1) of title 18, United
States Code, relating to fraud and related
activity in connection with computers.
(xiii) Any section of chapter 51 of title 18,
United States Code, relating to homicide,
except for section 1112 (relating to
manslaughter), 1113 (relating to attempt to
commit murder or manslaughter, but only if the
conviction was for an attempt to commit
manslaughter), 1115 (relating to misconduct or
neglect of ship officers), or 1122 (relating to
protection against the human immunodeficiency
virus).
(xiv) Any section of chapter 55 of title 18,
United States Code, relating to kidnapping.
(xv) Any offense under chapter 77 of title
18, United States Code, relating to peonage,
slavery, and trafficking in persons, except for
sections 1592 through 1596.
(xvi) Section 1751 of title 18, United States
Code, relating to Presidential and Presidential
staff assassination, kidnapping, and assault.
(xvii) Section 1841(a)(2)(C) of title 18,
United States Code, relating to intentionally
killing or attempting to kill an unborn child.
(xviii) Section 1992 of title 18, United
States Code, relating to terrorist attacks and
other violence against railroad carriers and
against mass transportation systems on land, on
water, or through the air.
(xix) Section 2113(e) of title 18, United
States Code, relating to bank robbery resulting
in death.
(xx) Section 2118(c)(2) of title 18, United
States Code, relating to robberies and
burglaries involving controlled substances
resulting in death.
(xxi) Section 2119(3) of title 18, United
States Code, relating to taking a motor vehicle
(commonly referred to as ``carjacking'') that
results in death.
(xxii) Any section of chapter 105 of title
18, United States Code, relating to sabotage,
except for section 2152.
(xxiii) Any section of chapter 109A of title
18, United States Code, relating to sexual
abuse, except that with regard to section 2244
of such title, only a conviction under
subsection (c) of that section (relating to
abusive sexual contact involving young
children) shall make a prisoner ineligible
under this subparagraph.
(xxiv) Section 2251 of title 18, United
States Code, relating to the sexual
exploitation of children.
(xxv) Section 2251A of title 18, United
States Code, relating to the selling or buying
of children.
(xxvi) Any of paragraphs (1) through (3) of
section 2252(a) of title 18, United States
Code, relating to certain activities relating
to material involving the sexual exploitation
of minors.
(xxvii) A second or subsequent conviction
under any of paragraphs (1) through (6) of
section 2252A(a) of title 18, United States
Code, relating to certain activities relating
to material constituting or containing child
pornography.
(xxviii) Section 2260 of title 18, United
States Code, relating to the production of
sexually explicit depictions of a minor for
importation into the United States.
(xxix) Section 2283 of title 18, United
States Code, relating to the transportation of
explosive, biological, chemical, or radioactive
or nuclear materials.
(xxx) Section 2284 of title 18, United States
Code, relating to the transportation of
terrorists.
(xxxi) Section 2291 of title 18, United
States Code, relating to the destruction of a
vessel or maritime facility, but only if the
conduct which led to the conviction involved a
substantial risk of death or serious bodily
injury.
(xxxii) Any section of chapter 113B of title
18, United States Code, relating to terrorism.
(xxxiii) Section 2340A of title 18, United
States Code, relating to torture.
(xxxiv) Section 2381 of title 18, United
States Code, relating to treason.
(xxxv) Section 2442 of title 18, United
States Code, relating to the recruitment or use
of child soldiers.
(xxxvi) Section 57(b) of the Atomic Energy
Act of 1954 (42 U.S.C. 2077(b)), relating to
the engagement or participation in the
development or production of special nuclear
material.
(xxxvii) Section 92 of the Atomic Energy Act
of 1954 (42 U.S.C. 2122), relating to
prohibitions governing atomic weapons.
(xxxviii) Section 101 of the Atomic Energy
Act of 1954 (42 U.S.C. 2131), relating to the
atomic energy license requirement.
(xxxix) Section 224 or 225 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275),
relating to the communication or receipt of
restricted data.
(xl) Section 236 of the Atomic Energy Act of
1954 (42 U.S.C. 2284), relating to the sabotage
of nuclear facilities or fuel.
(xli) Section 60123(b) of title 49, United
States Code, relating to damaging or destroying
a pipeline facility, but only if the conduct
which led to the conviction involved a
substantial risk of death or serious bodily
injury.
(xlii) Section 401(a) of the Controlled
Substances Act (21 U.S.C. 841), relating to
manufacturing or distributing a controlled
substance, but only in the case of a conviction
for an offense described in subparagraphs (A),
(B), or (C) of subsection (b)(1) of that
section for which death or serious bodily
injury resulted from the use of such substance.
(xliii) Section 276(a) of the Immigration and
Nationality Act (8 U.S.C. 1326), relating to
the reentry of a removed alien, but only if the
alien is described in paragraph (1) or (2) of
subsection (b) of that section.
(xliv) Any section of the Export
Administration Act of 1979 (50 U.S.C. App. 2401
et seq.).
(xlv) Section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705).
(xlvi) Section 601 of the National Security
Act of 1947 (50 U.S.C. 3121), relating to the
protection of identities of certain United
States undercover intelligence officers,
agents, informants, and sources.
(xlvii) An offense described in section
3559(c)(2)(F) of title 18, United States Code,
for which the offender was sentenced to a term
of imprisonment of more than one year, if the
offender has a previous conviction, for which
the offender served a term of imprisonment of
more than one year, for a Federal or State
offense, by whatever designation and wherever
committed, consisting of murder (as described
in section 1111 of title 18, United States
Code), voluntary manslaughter (as described in
section 1112 of title 18, United States Code),
assault with intent to commit murder (as
described in section 113(a) of title 18, United
States Code), aggravated sexual abuse and
sexual abuse (as described in sections 2241 and
2242 of title 18, United States Code), abusive
sexual contact (as described in sections
2244(a)(1) and (a)(2) of title 18, United
States Code), kidnapping (as described in
chapter 55 of title 18, United States Code),
carjacking (as described in section 2119 of
title 18, United States Code), arson (as
described in section 844(f)(3), (h), or (i) of
title 18, United States Code), or terrorism (as
described in chapter 113B of title 18, United
States Code).
(xlviii) A third or subsequent conviction for
a drug trafficking offense, unless the prisoner
did not have a meaningful opportunity to
participate in the recidivism reduction
programming described in this title for one of
the previous convictions.
(3) Risk reassessments and level adjustment.--A prisoner who
successfully participates in recidivism reduction programming
or productive activities shall receive periodic risk
reassessments not less than annually, and prisoners determined
to be at a greater risk of recidivating and who have less than
5 years until their projected release date shall receive more
frequent risk reassessments. If the reassessment shows that the
prisoner's risk of recidivating or specific needs have changed,
the Bureau of Prisons shall update the determination of the
prisoner's risk of recidivating or information regarding the
prisoner's specific needs and reassign the prisoner to
appropriate recidivism reduction programming or productive
activities based on such changes.
(4) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any other
rewards or incentives for which a prisoner may be eligible.
(f) Penalties.--The System shall provide guidelines for the Bureau of
Prisons to reduce rewards and incentives earned under subsection (e)
for prisoners who violate prison, recidivism reduction program, or
productive activity rules, which shall provide--
(1) general levels of violations and resulting reductions;
(2) that any reduction that includes the forfeiture of time
credits shall be limited to time credits that a prisoner earned
as of the date of the prisoner's rule violation, and shall not
include any future time credits that the prisoner may earn; and
(3) guidelines for the Bureau of Prisons to establish a
procedure to restore time credits that a prisoner forfeited as
a result of a rule violation based on the prisoner's individual
progress after the date of the rule violation.
(g) Bureau of Prisons Training.--The Attorney General shall develop
training programs for Bureau of Prisons officials and employees
responsible for administering the System, which shall include--
(1) initial training to educate employees and officials on
how to use the System in an appropriate and consistent manner,
as well as the reasons for using the System;
(2) continuing education; and
(3) periodic training updates.
(h) Quality Assurance.--In order to ensure that the Bureau of Prisons
is using the System in an appropriate and consistent manner, the
Attorney General shall monitor and assess the use of the System, which
shall include conducting periodic audits of the Bureau of Prisons
regarding the use of the System.
SEC. 104. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY
RECOMMENDATIONS.
The Attorney General shall--
(1) review the effectiveness of recidivism reduction programs
and productive activities that exist as of the date of the
enactment of this title in prisons operated by the Bureau of
Prisons;
(2) review available information regarding the effectiveness
of recidivism reduction programs and productive activities that
exist in State-operated prisons throughout the United States;
(3) using evidence-based data, identify the most effective
recidivism reduction programs;
(4) review the administrative process for entering into
recidivism reduction partnerships described in section
3621(h)(5) of title 18, United States Code, as added by this
title; and
(5) make recommendations to the Bureau of Prisons regarding--
(A) the expansion of programming and activity
capacity and the replication of effective programs and
activities described in paragraph (1); and
(B) the addition of any new effective programs and
activities that the Attorney General finds, using the
methods described in section 102(c), would help to
reduce recidivism.
SEC. 105. REPORT.
Beginning on the date that is one year after the date of the
enactment of this Act, and annually thereafter for a period of 7 years,
the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives and the
Subcommittees on Commerce, Justice, Science, and Related Agencies of
the Committees on Appropriations of the Senate and the House of
Representatives that contains the following:
(1) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act.
(2) A summary and assessment of the types and effectiveness
of the recidivism reduction programs and productive activities
in prisons operated by the Bureau of Prisons, including--
(A) evidence about which programs and activities have
been shown to reduce recidivism;
(B) the capacity of each program and activity at each
prison, including the number of prisoners along with
the recidivism risk of each prisoner enrolled in each
program; and
(C) identification of any gaps or shortages in
capacity of such programs and activities.
(3) An assessment of the Bureau of Prisons' compliance with
section 3621(h) of title 18, United States Code.
(4) An assessment of progress made toward carrying out the
purposes of this Act, including any savings associated with--
(A) the transfer of prisoners into prerelease custody
under section 3624(g) of title 18, United States Code,
as added by this title; and
(B) any decrease in recidivism that may be attributed
to the implementation of the System or the increase in
recidivism reduction programs and productive activities
required by this title and the amendments made by this
title.
SEC. 106. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS.
(a) Implementation of System Generally.--Section 3621 of title 18,
United States Code, is amended by adding at the end the following:
``(h) Post-Sentencing Risk and Needs Assessment System.--
``(1) In general.--Not later than 180 days after the Attorney
General completes and releases the Post-Sentencing Risk and
Needs Assessment System (referred to in this subsection as the
`System') developed under the Recidivism Risk Reduction Act,
the Bureau of Prisons shall--
``(A) implement the System and complete a risk and
needs assessment for each prisoner (as such term is
defined in section 107 of the Recidivism Risk Reduction
Act), regardless of the prisoner's length of imposed
term of imprisonment; and
``(B) expand the effective recidivism reduction
programs (as such term is defined under section 107 of
the Recidivism Risk Reduction Act) and productive
activities it offers and add any new recidivism
reduction programs and productive activities necessary
to effectively implement the System, and in accordance
with the recommendations made by the Attorney General
under section 104 of that Act and with paragraph (2).
``(2) Phase-in.--In order to carry out paragraph (1), so that
every prisoner has the opportunity to participate in and
complete the kind and amount of recidivism reduction
programming or productive activities necessary to effectively
implement the System and that the Attorney General recommends,
the Bureau of Prisons shall, subject to the availability of
appropriations, provide such recidivism reduction programs and
productive activities--
``(A) for not less than 20 percent of prisoners
before the date that is one year after the date on
which the Bureau of Prisons completes the risk and
needs assessments under paragraph (1)(A);
``(B) for not less than 40 percent of prisoners
before the date that is 2 years after the date on which
the Bureau of Prisons completes the risk and needs
assessments under paragraph (1)(A);
``(C) for not less than 60 percent of prisoners
before the date that is 3 years after the date on which
the Bureau of Prisons completes the risk and needs
assessments under paragraph (1)(A);
``(D) for not less than 80 percent of prisoners
before the date that is 4 years after the date on which
the Bureau of Prisons completes the risk and needs
assessments under paragraph (1)(A); and
``(E) for all prisoners before the date that is 5
years after the date on which the Bureau of Prisons
completes a risk and needs assessment for each prisoner
under paragraph (1)(A) and thereafter.
``(3) Priority during phase-in.--During the phase-in period
described in paragraph (2), the priority for such programs and
activities shall be accorded based on a prisoner's proximity to
release date.
``(4) Preliminary expansion of recidivism reduction programs
and authority to use incentives.--Beginning on the date of the
enactment of the Recidivism Risk Reduction Act, the Bureau of
Prisons may begin to expand any recidivism reduction programs
and productive activities that exist at a prison as of such
date, and may offer to prisoners who successfully participate
in such programming and activities the incentives and rewards
described in 103(e) of such Act.
``(5) Recidivism reduction partnerships.--In order to expand
recidivism reduction programs and productive activities, the
Bureau of Prisons shall develop policies for the warden of each
prison to enter into partnerships, subject to the availability
of appropriations, with any of the following:
``(A) Nonprofit and other private organizations,
including faith-based, art, and community-based
organizations that will deliver recidivism reduction
programming on a paid or volunteer basis.
``(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 20
U.S.C. 1001) that will deliver instruction on a paid or
volunteer basis.
``(C) Private entities that will--
``(i) deliver vocational training and
certifications;
``(ii) provide equipment to facilitate
vocational training or employment opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody
or supervised release in finding employment.
``(D) Industry-sponsored organizations that will
deliver workforce development and training, on a paid
or volunteer basis.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1), by striking ``credit for
the last year or portion of a year of the term of
imprisonment shall be prorated and credited within the
last six weeks of the sentence'' and inserting ``credit
for the last year of a term of imprisonment shall be
credited on the first day of the last year of the term
of imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody for Risk and Needs Assessment System
Participants.--
``(1) Eligible prisoners.--
``(A) In general.--This subsection applies in the
case of a prisoner (as such term is defined in section
107 of the Recidivism Risk Reduction Act) who--
``(i) has earned time credits under the Post-
Sentencing Risk and Needs Assessment System
developed under the Recidivism Risk Reduction
Act (referred to in this subsection as the
`System') in an amount that is equal to the
remainder of the prisoner's imposed term of
imprisonment;
``(ii) has been classified by the warden of
the prison as otherwise qualified to be
transferred into prerelease custody; and
``(iii) except as provided in subparagraph
(B), has not been determined under the System
to be more likely than not to recidivate.
``(B) Exception.--
``(i) Reconsideration by warden.--The warden
of a prison shall, not later than 30 days after
receiving from a prisoner who was determined
under the System to be more likely than not to
recidivate, but who is otherwise eligible for
prerelease custody under this subsection, a
request for reconsideration of the
determination under the System that the
prisoner is more likely than not to recidivate,
review such prisoner's request, and either
submit a recommendation under paragraph (2), or
notify the prisoner in writing that the warden
has reviewed the prisoner's request and made a
determination not to submit a recommendation
under paragraph (2).
``(ii) Reconsideration by director.--In the
case that the warden of a prison does not
submit a recommendation or notify a prisoner
under clause (i) during the time period
described in that clause, the prisoner may
submit such a request for reconsideration to
the Director of the Bureau of Prisons, who
shall, not later than 60 days after receiving
such a request, review the request, and either
submit a recommendation under paragraph (2), or
notify the prisoner in writing that the
Director has reviewed the prisoner's request
and made a determination not to submit a
recommendation under paragraph (2).
``(iii) Submission to court.--In the case
that the Director does not submit a
recommendation or notify a prisoner under
clause (ii) during the time period described in
that clause, the prisoner may submit such a
request for reconsideration to the United
States district court in which the prisoner was
convicted. Upon making a determination after
the review of a request under this clause, the
court shall submit such determination to the
Director and to the warden.
``(2) Recommendation process.--
``(A) Submission of recommendation.--The warden of
the prison, or the Director of the Bureau of Prisons,
as applicable, shall submit a recommendation that the
prisoner be transferred into prerelease custody to the
United States district court in which the prisoner was
convicted.
``(B) Approval or denial.--
``(i) In general.--Not later than 30 days
after the submission of a recommendation under
subparagraph (A), a judge for such court shall
approve or deny the recommendation, except that
a judge may only deny such a recommendation if
the judge finds by clear and convincing
evidence that the prisoner should not be
transferred into prerelease custody based only
on evidence of the prisoner's actions after the
conviction of such prisoner and not based on
evidence from the underlying conviction, and
submits a detailed written statement regarding
such finding to the warden of the prison who
recommended that the prisoner be transferred
into prerelease custody.
``(ii) Hearing.--The court may hold a hearing
in order to make a determination under clause
(i). The prisoner shall have the right to be
present at the hearing, which right may be
satisfied through the use of video
teleconference.
``(iii) Failure to deny treated as
approval.--The failure of a judge to approve or
deny a recommendation to transfer at the end of
the 30-day period described in clause (i) shall
be treated as an approval of such
recommendation.
``(3) Placement of prisoner in prerelease custody.--Upon the
approval of a recommendation under paragraph (2)(B)(i), or 30
days after the warden or the Director submits a recommendation
under paragraph (2)(A), whichever occurs earlier, the prisoner
shall be placed in prerelease custody in accordance with this
subsection.
``(4) Types of prerelease custody.--A prisoner may be placed
in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in
prerelease custody pursuant to this subsection
who is placed in home confinement shall--
``(I) be subject to 24-hour
electronic monitoring that enables the
prompt identification of any violation
of subclause (II);
``(II) remain in the prisoner's
residence, except that the prisoner may
leave the prisoner's home in order to,
subject to the approval of the Director
of the Bureau of Prisons--
``(aa) perform a job or job-
related activities, including
an apprenticeship, or
participate in job-seeking
activities;
``(bb) participate in
recidivism reduction
programming or productive
activities assigned by the
System, or similar activities;
``(cc) perform community
service;
``(dd) participate in crime
victim restoration activities;
``(ee) receive medical
treatment; or
``(ff) attend religious
activities; and
``(III) comply with such other
conditions as the Director determines
appropriate.
``(ii) Alternate means of monitoring.--If the
electronic monitoring of a prisoner described
in clause (i)(I) is infeasible for technical or
religious reasons, the Director of the Bureau
of Prisons may use alternative means of
monitoring a prisoner placed in home
confinement that the Director determines are as
effective or more effective than the electronic
monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the
Bureau of Prisons may modify the conditions
described in clause (i) if the Director
determines that a compelling reason exists to
do so, and that the prisoner has demonstrated
exemplary compliance with such conditions.
``(iv) Duration.--Except as provided in
paragraph (6), a prisoner who is placed in home
confinement shall remain in home confinement
until the prisoner has served not less than 85
percent of the prisoner's imposed term of
imprisonment.
``(B) Community supervision.--A prisoner placed in
prerelease custody pursuant to this subsection who is
placed on community supervision--
``(i) shall be subject to such conditions as
the Director of the Bureau of Prisons
determines appropriate;
``(ii) may remain on community supervision
until the conclusion of the prisoner's
sentence; and
``(iii) may only be placed on community
supervision if the duration of the prisoner's
eligibility for community supervision is equal
to or longer than the duration of the
prisoner's remaining period of prerelease
custody.
``(C) Residential reentry center.--A prisoner placed
in prerelease custody pursuant to this subsection who
is placed at a residential reentry center shall be
subject to such conditions as the Director of the
Bureau of Prisons determines appropriate.
``(5) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the Bureau
of Prisons shall, to the extent practicable, provide that
increasingly less restrictive conditions shall be imposed on
prisoners who demonstrate continued compliance with the
conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(6) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director of
the Bureau of Prisons may revoke the prisoner's prerelease
custody and require the prisoner to serve the remainder of the
term of imprisonment to which the prisoner was sentenced, or
any portion thereof, in prison, or impose such additional
conditions on the prisoner's prerelease custody as the Director
of the Bureau of Prisons determines appropriate.
``(7) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines, for
use by the Bureau of Prisons in determining--
``(A) appropriate type of prerelease custody and
level of supervision for a prisoner placed on
prerelease custody pursuant to this subsection; and
``(B) consequences for a violation of a condition of
such prerelease custody by such a prisoner, including a
return to prison and a reassessment of recidivism risk
level under the System.
``(8) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to the
greatest extent practicable, enter into agreements with the
United States Probation and Pretrial Services to supervise
prisoners placed in home confinement or community supervision
under this subsection. Such agreements shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the
Director pursuant to paragraphs (4) and (5);
``(B) take into account the resource requirements of
United States Probation and Pretrial Services as a
result of the transfer of Bureau of Prisons prisoners
to prerelease custody; and
``(C) provide for the transfer of such funds as may
be necessary to comply with such requirements.
``(9) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
``(h) Alien Prisoners.--If a prisoner who is placed in prerelease
custody is an alien whose deportation was ordered as a condition of
such prerelease custody or who is subject to a detainer filed by United
States Immigration and Customs Enforcement for the purposes of
determining the alien's deportability, United States Immigration and
Customs Enforcement shall take custody of the alien upon the alien's
transfer to prerelease custody.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the Post-Sentencing Risk and
Needs Assessment System.
SEC. 107. DEFINITIONS.
In this Act the following definitions apply:
(1) Risk and needs assessment tool.--The term ``risk and
needs assessment tool'' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
(A) the risk that a prisoner will recidivate upon
release from prison; and
(B) the recidivism reduction programs that will best
minimize the risk that the prisoner will recidivate
upon release from prison.
(2) Recidivism reduction program.--The term ``recidivism
reduction program'' means either a group or individual activity
that--
(A) has been shown by empirical evidence to reduce
recidivism or is based on research indicating that it
is likely to be effective in reducing recidivism;
(B) is designed to help prisoners succeed in their
communities upon release from prison; and
(C) may include--
(i) social learning and communication,
interpersonal, anti-bullying, rejection
response, and other life skills;
(ii) family relationship building, structured
parent-child interaction, and parenting skills;
(iii) classes on morals or ethics;
(iv) academic classes;
(v) cognitive behavioral treatment;
(vi) mentoring;
(vii) substance abuse treatment;
(viii) vocational training;
(ix) faith-based classes or services;
(x) civic engagement and reintegrative
community services;
(xi) a prison job; or
(xii) victim impact classes or other
restorative justice programs.
(3) Productive activity.--The term ``productive activity''
means either a group or individual activity that is designed to
allow prisoners determined as having a low or no risk of
recidivating to remain productive and thereby maintain a low or
no risk of recidivating, and may include the delivery of the
programs described in paragraph (2) to other prisoners.
(4) Prisoner.--The term ``prisoner'' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person in the
custody of the Bureau of Prisons, including a person in a
Bureau of Prisons contracted facility.
(5) Time credit.--The term ``time credit'' means the
equivalent of one day of a prisoner's sentence, such that a
prisoner shall be eligible for one day of prerelease custody
for each credit earned.
(6) Drug trafficking offense.--The term ``drug trafficking
offense'' means any crime punishable under Federal, State, or
local law that prohibits the manufacture, import, export,
distribution, dispensing of, or offer to sell a controlled
substance or counterfeit substance (as such terms are defined
in section 102 of the Controlled Substances Act (21 U.S.C.
802)) or the possession of a controlled substance or
counterfeit substance with intent to manufacture, import,
export, distribute, or dispense.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $50,000,000 for each of fiscal years 2017 through 2021. Of the
amount appropriated under this subsection, 80 percent shall be reserved
for use by the Director of the Bureau of Prisons to implement the
System under section 106 and the amendments made by that section.
(b) Sense of Congress.--It is the sense of Congress that any savings
associated with reducing recidivism and reducing the prison population
that result from this title should be reinvested into further expansion
of recidivism reduction programs and productive activities by the
Bureau of Prisons.
SEC. 109. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to provide authority to place a prisoner on prerelease
custody who is serving a term of imprisonment pursuant to a conviction
for an offense under the laws of one of the 50 States, or of a
territory or possession of the United States.
TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
SEC. 201. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY
AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States Code, is
amended by inserting after section 4321 the following:
``Sec. 4322. Use of restraints on prisoners during the period of
pregnancy, labor, and postpartum recovery
prohibited
``(a) Prohibition.--Except as provided in subsection (b), beginning
on the date on which pregnancy is confirmed by a healthcare
professional, and ending at the conclusion of postpartum recovery, a
prisoner in the custody of the Bureau of Prisons, or in the custody of
the United States Marshals Service pursuant to section 4086, shall not
be placed in restraints.
``(b) Exceptions.--
``(1) In general.--The prohibition under subsection (a) shall
not apply if--
``(A) an appropriate corrections official, or a
United States marshal, as applicable, makes a
determination that the prisoner--
``(i) is an immediate and credible flight
risk that cannot reasonably be prevented by
other means; or
``(ii) poses an immediate and serious threat
of harm to herself or others that cannot
reasonably be prevented by other means; or
``(B) a health care professional responsible for the
health and safety of the prisoner determines that the
use of restraints is appropriate for the medical safety
of the prisoner.
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to prevent
the harm or risk of escape described in paragraph (1) may be
used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph (1)
may not be applied--
``(i) to place restraints around the ankles,
legs, or waist of a prisoner;
``(ii) to restrain a prisoner's hands behind
her back;
``(iii) to restrain a prisoner using four-
point restraints; or
``(iv) to attach a prisoner to another
prisoner.
``(B) Medical request.--Notwithstanding paragraph
(1), upon the request of a healthcare professional who
is responsible for the health and safety of a prisoner,
a corrections official or United States marshal, as
applicable, shall refrain from using restraints on the
prisoner or remove restraints used on the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--If
a corrections official or United States marshal uses restraints
on a prisoner under subsection (b)(1), that official or marshal
shall submit, not later than 30 days after placing the prisoner
in restraints, to the Director of the Bureau of Prisons or the
Director of the United States Marshals Service, as applicable,
and to the healthcare professional responsible for the health
and safety of the prisoner, a written report which describes
the facts and circumstances surrounding the use of restraints,
and includes--
``(A) the reasoning upon which the determination to
use restraints was made;
``(B) the details of the use of restraints, including
the type of restraints used and length of time during
which restraints were used; and
``(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or
United States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of a
report under subsection (c)(1), the healthcare professional
responsible for the health and safety of the prisoner may
submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints on
the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall each submit
to the Judiciary Committee of the Senate and of the
House of Representatives a report that certifies
compliance with this section and includes the
information required to be reported under paragraph
(1).
``(B) Personally identifiable information.--The
report under this paragraph shall not contain any
personally identifiable information of any prisoner.
``(d) Notice.--Not later than 48 hours after the confirmation of a
prisoner's pregnancy by a health care professional, that prisoner shall
be notified by an appropriate health care professional, corrections
official, or United States marshal, as applicable, of the restrictions
on the use of restraints under this section.
``(e) Violation Reporting Process.--The Director of the Bureau of
Prisons, in consultation with the Director of the United States
Marshals Service, shall establish a process through which a prisoner
may report a violation of this section.
``(f) Training.--
``(1) In general.--The Director of the Bureau of Prisons and
the Director of the United States Marshals Service shall each
develop training guidelines regarding the use of restraints on
female prisoners during the period of pregnancy, labor, and
postpartum recovery, and shall incorporate such guidelines into
appropriate training programs. Such training guidelines shall
include--
``(A) how to identify certain symptoms of pregnancy
that require immediate referral to a health care
professional;
``(B) circumstances under which the exceptions under
subsection (b) would apply;
``(C) in the case that an exception under subsection
(b) applies, how to apply restraints in a way that does
not harm the prisoner, the fetus, or the neonate;
``(D) the information required to be reported under
subsection (c); and
``(E) the right of a health care professional to
request that restraints not be used, and the
requirement under subsection (b)(3)(B) to comply with
such a request.
``(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors shall each
consult with health care professionals with expertise in caring
for women during the period of pregnancy and postpartum
recovery.
``(g) Definitions.--For purposes of this section:
``(1) The term `postpartum recovery' means the six-week
period, or longer as determined by the healthcare professional
responsible for the health and safety of the prisoner,
following delivery, and shall include the entire period that
the prisoner is in the hospital or infirmary.
``(2) The term `restraints' means any physical or mechanical
device used to control the movement of a prisoner's body,
limbs, or both.
``(3) The term `prisoner' means a person who has been
sentenced to a term of imprisonment pursuant to a conviction
for a Federal criminal offense, or a person in the custody of
the Bureau of Prisons, including a person in a Bureau of
Prisons contracted facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 317 of title 18, United States Code, is amended by adding after
the item relating to section 4321 the following:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.''.
TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Eric Williams Correctional Officer
Protection Act of 2016''.
SEC. 302. OFFICERS AND EMPLOYEES OF THE BUREAU OF PRISONS AUTHORIZED TO
CARRY OLEORESIN CAPSICUM SPRAY.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4049. Officers and employees of the Bureau of Prisons authorized
to carry oleoresin capsicum spray
``(a) In General.--The Director of the Bureau of Prisons shall issue,
on a routine basis, oleoresin capsicum spray to--
``(1) any officer or employee of the Bureau of Prisons who--
``(A) is employed in a prison that is not a minimum
or low security prison; and
``(B) may respond to an emergency situation in such a
prison; and
``(2) to such additional officers and employees of prisons as
the Director determines appropriate, in accordance with this
section.
``(b) Training Requirement.--
``(1) In general.--In order for an officer or employee of the
Bureau of Prisons, including a correctional officer, to be
eligible to receive and carry oleoresin capsicum spray pursuant
to this section, the officer or employee shall complete a
training course before being issued such spray, and annually
thereafter, on the use of oleoresin capsicum spray.
``(2) Transferability of training.--An officer or employee of
the Bureau of Prisons who completes a training course pursuant
to paragraph (1) and subsequently transfers to employment at a
different prison, shall not be required to complete an
additional training course solely due such transfer.
``(3) Training conducted during regular employment.--An
officer or employee of the Bureau of Prisons who completes a
training course required under paragraph (1) shall do so during
the course of that officer or employee's regular employment,
and shall be compensated at the same rate that the officer or
employee would be compensated for conducting the officer or
employee's regular duties.
``(c) Use of Oleoresin Capsicum Spray.--Officers and employees of the
Bureau of Prisons issued oleoresin capsicum spray pursuant to
subsection (a) may use such spray to reduce acts of violence--
``(1) committed by prisoners against themselves, other
prisoners, prison visitors, and officers and employees of the
Bureau of Prisons; and
``(2) committed by prison visitors against themselves,
prisoners, other visitors, and officers and employees of the
Bureau of Prisons.''.
(b) Clerical Amendment.--The table of sections for chapter 303 of
title 18, United States Code, is amended by inserting after the item
relating to section 4048 the following:
``4049. Officers and employees of the Bureau of Prisons authorized to
carry oleoresin capsicum spray.''.
SEC. 303. GAO REPORT.
Not later than the date that is 3 years after the date on which the
Director of the Bureau of Prisons begins to issue oleoresin capsicum
spray to officers and employees of the Bureau of Prisons pursuant to
section 4049 of title 18, United States Code (as added by this title),
the Comptroller General of the United States shall submit to Congress a
report that includes the following:
(1) An evaluation of the effectiveness of issuing oleoresin
capsicum spray to officers and employees of the Bureau of
Prisons in prisons that are not minimum or low security prisons
on--
(A) reducing crime in such prisons; and
(B) reducing acts of violence committed by prisoners
against themselves, other prisoners, prison visitors,
and officers and employees of the Bureau of Prisons in
such prisons.
(2) An evaluation of the advisability of issuing oleoresin
capsicum spray to officers and employees of the Bureau of
Prisons in prisons that are minimum or low security prisons,
including--
(A) the effectiveness that issuing such spray in such
prisons would have on reducing acts of violence
committed by prisoners against themselves, other
prisoners, prison visitors, and officers and employees
of the Bureau of Prisons in such prisons; and
(B) the cost of issuing such spray in such prisons.
(3) Recommendations to improve the safety of officers and
employees of the Bureau of Prisons in prisons.
TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2016''.
SEC. 402. FINDINGS.
Congress finds that--
(1) the Law Enforcement Officers Safety Act of 2004 (Public
Law 108-277; 118 Stat. 865) gives certain law enforcement
officers, including certain correctional officers of the Bureau
of Prisons, the right to carry a concealed firearm in all 50
States for self-protection;
(2) the purpose of that Act is to allow certain law
enforcement officers to protect themselves while off duty;
(3) correctional officers of the Bureau of Prisons have been
the targets of assaults and murders while off duty; and
(4) while that Act allows certain law enforcement officers to
protect themselves off duty, the Director of the Bureau of
Prisons allows correctional officers of the Bureau of Prisons
to securely store personal firearms at only 33 Federal penal
and correctional institutions while at work.
SEC. 403. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau of Prisons
shall ensure that each chief executive officer of a Federal penal or
correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to store
firearms; or
``(B) allows employees to store firearms in a vehicle lockbox
approved by the Director of the Bureau of Prisons; and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``4050. Secure firearms storage.''.
TITLE V--MISCELLANEOUS
SEC. 501. DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of the enactment of
this Act, the Director of the Bureau of Prisons shall incorporate into
training programs provided to officers and employees of the Bureau of
Prisons (including officers and employees of an organization with which
the Bureau of Prisons has a contract to provide services relating to
imprisonment) specialized and comprehensive training in procedures to--
(1) de-escalate encounters between a law enforcement officer
or an officer or employee of the Bureau of Prisons, and a
civilian or a prisoner (as such term is defined in section 107
of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 502. MEDICATION-ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE.
(a) Report on Medication-Assisted Treatment for Opioid and Heroin
Abuse.--Not later than 90 days after the date of the enactment of this
Act, the Director of the Bureau of Prisons shall submit to the
Committees on the Judiciary and the Committees on Appropriations of the
Senate and of the House of Representatives a report assessing the
availability of and the capacity of the Bureau of Prisons to treat
heroin and opioid abuse through medication-assisted treatment. The
report shall include a description of plans to expand access to
medication-assisted treatment for heroin and opioid abuse for prisoners
in appropriate cases. Following submission, the Director shall take
steps to implement these plans.
(b) Report on the Availability of Medication-Assisted Treatment for
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than 90
days after the date of the enactment of this Act, the Director of the
Administrative Office of the United States Courts shall submit to the
Committees on the Judiciary and the Committees on Appropriations of the
Senate and of the House of Representatives a report assessing the
availability of and capacity for the provision of medication-assisted
treatment for opioid and heroin abuse by treatment-service providers
serving prisoners who are serving a term of supervised release, and
including a description of plans to expand access to medication
assisted treatment for heroin and opioid abuse whenever appropriate
among prisoners under supervised release. Following submission, the
Director will take steps to implement these plans.
SEC. 503. MONITORING OF ELECTRONIC COMMUNICATIONS BETWEEN PRISONER AND
ATTORNEY.
(a) Prohibition on Monitoring.--Not later than 180 days after the
date of the enactment of this Act, the Attorney General shall modify
any program or system through which a prisoner (as such term is defined
in section 107) sends or receives an electronic communication (as such
term is defined in section 2510 of title 18, United States Code, and
including the Trust Fund Limited Inmate Computer System) to exclude
from monitoring the contents (as such term is defined in section 2510
of title 18, United States Code) of an electronic communication between
a prisoner in a Bureau of Prisons facility and his or her attorney or
other legal representative.
(b) Retention of Contents.--The modification required under
subsection (a) may allow for the retention of the contents of the
electronic communications described in subsection (a).
(c) Exception.--If a court of competent jurisdiction determines that
there is sufficient evidence to support a reasonable belief of the
Government that the information contained in an electronic
communication described in subsection (a) was for the purpose of
perpetrating a fraud or crime, an in camera review of the contents of
the communication may be conducted.
SEC. 504. PILOT PROGRAMS.
(a) In General.--The Bureau of Prisons shall establish each of the
following pilot programs for 2 years, in at least 10 facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which
may include formerly incarcerated offenders, that have relevant
experience or expertise in mentoring, and a willingness to
serve as a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to
provide training and therapy to animals seized by Federal law
enforcement under asset forfeiture authority and to
organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) Reporting Requirement.--Not later than one year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
(c) Definition.--In this title, the term ``youth'' means a prisoner
(as such term is defined in section 107) who was 21 years of age or
younger at the time of the commission or alleged commission of the
criminal offense for which the individual is being prosecuted or
serving a term of imprisonment, as the case may be.
SEC. 505. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 506. DATA COLLECTION.
(a) National Prisoner Statistics Program.-- Beginning not later than
one year after the date of the enactment of this Act, and annually
thereafter, pursuant to the authority under section 302 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the
Director of the Bureau of Justice Statistics, with information that
shall be provided by the Director of the Bureau of Prisons, shall
include in the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 107 of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in solitary
confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result
in live-birth, still-birth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
(4) The numbers of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided methadone or
buprenorphine while in custody in order to manage withdrawal or
to continually treat substance dependence and abuse.
(6) The number of prisoners who were receiving methadone or
buprenorphine therapy prior to the commencement of their term
of imprisonment.
(7) The number of prisoners who are the parent or guardian of
a minor child.
(8) The numbers of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED, high
school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as
information relating to the type of restraints used, and the
circumstances under which each incident occurred.
(13) The vacancy rate for medical and health care staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least one clinical nurse,
certified paramedic, or licensed physician on-site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction partnerships
described in section 3621(h)(5) of title 18, United States
Code, entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing;
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 503 of this Act.
(20) The number of aliens in prison during the previous year.
(b) Report to Judiciary Committees.--Beginning not later than one
year after the date of the enactment of this Act, and annually
thereafter for a period of 7 years, the Director of the Bureau of
Justice Statistics shall submit a report containing the information
described in paragraphs (1) through (20) of subsection (a) to the
Committees on the Judiciary of the House of Representatives and of the
Senate.
SEC. 507. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION;
MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative.--Section 231 of the Second
Chance Act of 2007 (42 U.S.C. 17541) is amended--
(1) in subsection (g)--
(A) in paragraph (1)(B) by inserting after ``the
Attorney General may'' the following: ``, upon written
request from the Director of the Bureau of Prisons or
an eligible elderly offender,''.
(B) in paragraph (3), by striking ``carried out
during fiscal years 2009 and 2010'' and inserting
``carried out during fiscal years 2016 through 2020'';
and
(C) in paragraph (5)(A)(ii), by striking ``the
greater of 10 years or'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking ``2009
and 2010'' and inserting ``2016 through 2020''.
(b) Modification of Imposed Term of Imprisonment.-- Section
3582(c)(1)(A) of title 18, United States Code, is amended--
(1) in the matter preceding clause (i), by inserting after
``Director of the Bureau of Prisons'' the following: ``or, if
the Director does not make such a motion 30 days after
receiving a request to make such a motion from the defendant,
of the defendant''; and
(2) in clause (ii), by inserting after ``the Director of the
Bureau of Prisons'' the following: ``, or the court in the case
that the court is considering a motion of the defendant''.
SEC. 508. RELEASE COORDINATION.
(a) Designation of Release Preparation Coordinator.--The Director of
the Bureau of Prisons shall designate one officer or employee of the
Bureau of Prisons at each facility that houses prisoners, as the
release preparation coordinator, who shall be responsible for
determining the general release needs of the prisoner population and
developing and implementing an institution release preparation program
to address those needs.
(b) Release Plan.--Each prisoner shall develop a comprehensive
release plan in conjunction with an institution release preparation
program, with individualized assistance from an officer or employee of
the Bureau of Prisons who is dedicated to and experienced in release
preparation, including employment and housing counseling.
Amend the title so as to read:
A bill to provide for programs to help reduce the risk that
prisoners will recidivate upon release from prison, to provide
restrictions on the use of restraints on pregnant prisoners, to
provide additional safety measures for officers and employees
of the Bureau of Prisons, and for other purposes.
Purpose and Summary
This bill will enhance public safety by improving the
effectiveness and efficiency of the Federal prison system with
offender risk and needs assessment, individual risk reduction
incentives and rewards, and risk and recidivism reduction. It
also makes various changes to the Bureau of Prisons' policies
and procedures to ensure prisoner and guard safety and
security.
Background and Need for the Legislation
In early 2015, Chairman Goodlatte and Ranking Member
Conyers created a Criminal Justice Reform Initiative at the
Judiciary Committee to address the significant Congressional
interest in criminal justice reform from Members who do and do
not serve on the Judiciary Committee. The purpose of the
Initiative was to develop bipartisan legislation to address
several facets of the federal criminal justice system,
including over-criminalization, sentencing reform, prison and
reentry reform, protecting citizens through improved criminal
procedures and policing strategies, and civil asset forfeiture
reform. In addressing these issues, the Committee has relied on
the work of the Over-Criminalization Task Force, which held
nine hearings on a variety of criminal justice topics during
the 113th Congress, as well as the information provided to the
Committee by interested Members during the Committee's public
listening session in June 2015.
The Bureau of Prisons has a growing prison population that,
because of its rising costs, is becoming a real and immediate
threat to public safety. The growing prison budget is consuming
an ever-increasing percentage of the Department of Justice's
budget. According to the Statement of the Department's
Inspector General before Congress on March 14, 2013, concerning
oversight of the Department of Justice: ``it is clear that
something must be done . . . the Department cannot solve this
challenge by spending more money to operate more Federal
prisons unless it is prepared to make drastic cuts to other
important areas of the Department's operations.''\1\
---------------------------------------------------------------------------
\1\http://www.justice.gov/oig/testimony/t1303.pdf. ``Drastic cuts''
in DOJ budgets may directly impact the investigative and prosecutorial
resources in areas such as counterterrorism, cybercrimes, financial
fraud, crimes against children, drug trafficking and other vital areas
of current DOJ focus.
---------------------------------------------------------------------------
Further, according to the Department's Criminal Division in
2013:
Now with the sequester, the challenges for Federal
criminal justice have increased dramatically and the
choices we all face--Congress, the Judiciary, the
Executive Branch--are that much clearer and more stark:
control Federal prison spending or see significant
reductions in the resources available for all non-
prison criminal justice areas. If the current spending
trajectory continues and we do not reduce the prison
population and prison spending, there will continue to
be fewer and fewer prosecutors to bring charges, fewer
agents to investigate Federal crimes, less support to
state and local criminal justice partners, less support
to treatment, prevention and intervention programs, and
cuts along a range of other criminal justice
priorities. . . .
[T]aken together, reductions in public safety
spending that have already occurred and that are likely
to continue in the coming years mean that the
remarkable public safety achievements of the last 20
years are threatened unless reforms are instituted to
make our public safety expenditures smarter and more
productive.\2\
---------------------------------------------------------------------------
\2\http://www.justice.gov/criminal/foia/docs/2013annual-letter-
final-071113.pdf.
The Federal prison system needs to be reformed through the
implementation of corrections policy reforms designed to
enhance public safety by improving the effectiveness and
efficiency of the Federal prison system in order to control
corrections spending, manage the prison population, and reduce
recidivism.
In January 2016, the Congressionally mandated Charles
Colson Task Force on Federal Corrections (CCTF) determined that
``lengthy waitlists indicate that BOP needs to immediately
expand occupational training and educational programs. Research
shows that such programs hold significant promise to reduce
recidivism and improve individual outcomes following release,
making their expansion all the more urgent. Research suggests
that earning a working wage as a component of prison industry
participation may enhance such program's effectiveness in
reducing recidivism and improving employment outcomes. To
increase the availability of occupational training
opportunities, the Task Force also recommends that Congress
expand the Federal Prison Industry's (FPI) authority, including
increasing reliance on FPI products by Federal agencies.''
Addressing the CCTF findings, the Committee is very
concerned that inmate participation in prison industry over the
last 8 years has plummeted from a decades long track record of
25% of eligible inmates participating to less than 8% today,
coupled with dozens of industry factories that provide
meaningful inmate work opportunities being shut down across the
country.
The Committee believes that this precipitous decline in
inmate prison industry employment levels, system-wide, can be
tracked to the passage of specific legislative initiatives. The
Committee strongly believes that without addressing the damage
these legislative initiatives have caused and reversing same
that it will be difficult to implement many of the recidivism
reduction programming goals of this bill.
Moreover, the Committee is deeply concerned with the
increased burden to taxpayers for the burgeoning costs of
inmate incarceration, which has also led to increased pressure
on DOJ's budget and other important DOJ priorities being forced
into competition for these limited funds.
Therefore, based on the CCTF recommendations, the Committee
encourages the Department of Justice and all its components to
purchase from FPI to the fullest extent possible within current
law. In addition, the Committee strongly encourages Congress to
immediately seek the most expeditious, legislative efforts that
remedy the decline in these critical occupational and
educational programs thereby also supporting some of the most
important overarching goals of the Criminal Justice Reform
efforts to significantly reduce inmate recidivism, costs to
taxpayers and society, and to significantly increase inmate
post-release success, the safety of American citizens, and the
safety of all of the inmates and Federal employees within the
correctional institutions.
Hearings
The Committee on the Judiciary held no hearings on H.R.
759.
Committee Consideration
On February 11, 2016, the Committee met in open session and
ordered the bill H.R. 759 favorably reported, with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 759.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 759, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 759, the
``Recidivism Risk Reduction Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kim Cawley,
who can be reached at 226-2860.
Sincerely,
Keith Hall,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 759--Recidivism Risk Reduction Act.
As ordered reported by the House Committee on the Judiciary
on February 11, 2016.
SUMMARY
H.R. 759 would amend and expand the system for assessing
recidivism risk and programs to reduce recidivism used within
the federal prisons system. The bill would require the
Department of Justice (DOJ) to develop a system to assess
prisoner risks and needs and to periodically classify
individual prisoner's risk of recidivism. Based on those
classifications, prisoners would be provided the opportunity to
participate in programs to reduce recidivism. By participating
in such programs prisoners could earn credit that would allow
them to complete their sentences in Residential Reentry Centers
(RRCs) or home confinement.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 759 would cost $210 million
over the 2017-2021 period. Enacting the legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that enacting H.R. 759 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 759 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary effect of H.R. 759 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
BASIS OF ESTIMATE
For this estimate, CBO assumes that H.R. 759 will be
enacted near the end of 2016 and that the necessary amounts
will be appropriated near the start of each fiscal year.
Estimated outlays are based on historical patterns for similar
activities.
Recidivism Risk Assessment
H.R. 759 would require the Attorney General to develop and
implement a system to assess the risk of recidivism for
prisoners that would incorporate ongoing analysis and
evaluation of each prisoner's risk. The system would require a
risk assessment when each prisoner enters prison and would be
used to determine the types of programs a prisoner would be
eligible to participate in. All inmates would be reassessed
during their prison sentence to determine whether their risk of
recidivism had changed. The legislation would authorize an
annual appropriation of $40 million to carry out this
requirement. CBO estimates that implementing this provision
would cost $165 million over the next 5 years.
Other Costs
H.R. 759 would require DOJ to make various changes to
training programs and protocols for corrections officers,
prepare multiple reports on the effectiveness of new and
existing programs, and collect additional data and prepare
statistical information on prisoners and recidivism programs.
Based on an analysis of information from DOJ and the Board of
Prisons (BOP) about the level of effort needed to complete
similar work, CBO estimates that implementing those
requirements would cost about $45 million over the 2017-2021
period, mostly for additional staff.
The legislation also would prohibit the use of certain
restraints on pregnant inmates; provide secure firearm storage
for law enforcement officers; and institute various programs to
improve training, data collection, and quality of life within
the prison system. Based on information from DOJ and BOP, CBO
estimates that implementing those requirements would have a
negligible effect on discretionary spending.
Time Credits
Successful completion of recidivism reduction programs
would allow participating inmates to earn credits that would
allow them to serve part of their sentence in pre-release
custody. Pre-release custody is a period of time spent under
the supervision of the federal government outside of federal
prison, prior to an inmate's official release from prison. Pre-
release custody may involve RRCs or home confinement. The cost
of supervision in pre-release custody can be twice that of
supervision in a federal prison facility.
Based on information from BOP, CBO expects that inmates
probably would not be able to use credits earned under the
program established in H.R. 759 because there currently is no
available bed space in existing RRCs and the federal government
does not have the authority to build new ones. Therefore, CBO
estimates that implementing this provision would not have a
significant effect on federal spending.
PAY-AS-YOU-GO CONSIDERATIONS:
None.
INCREASE IN LONG-TERM DIRECT SPENDING AND DEFICITS:
CBO estimates that enacting H.R. 759 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 759 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on state,
local, or tribal governments.
ESTIMATE PREPARED BY:
Federal Costs: Kim Cawley
Impact on State, Local, and Tribal Governments: Rachel Austin
Impact on the Private Sector: Paige Piper/Bach
ESTIMATE APPROVED BY:
H. Samuel Papenfuss
Deputy Assistant Director for Budget Analysis
Duplication of Federal Programs
No provision of H.R. 759 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R.759 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
759, will improve the effectiveness and efficiency of the
Federal prison system with offender risk and needs assessment,
individual risk reduction incentives and rewards, and risk and
recidivism reduction, thereby protecting the safety of inmates,
correction system employees, and American citizens
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 759 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section. 1. Short Title; Table of Contents
Sets forth the short title for the entire Act as the
``Corrections and Recidivism Reduction Act of 2016'' and sets
forth the table of contents.
TITLE I. RECIDIVISM REDUCTION ACT
Section 101. Short Title.
This section cites the short title of the title as the
``Recidivism Risk Reduction Act''.
Section 102. Duties of the Attorney General
Directs the Attorney General to develop an offender risk
and needs assessment system and recommendations on recidivism
reduction programs and productive activities; to conduct
ongoing research and data analysis; to conduct biennial reviews
of the system and recommendations; and to report to Congress.
The Attorney General must consult and hold periodic meetings
with relevant stakeholders and make decisions based on
statistical and empirical evidence.
Section 103. Post-sentencing Risk and Needs Assessment System
Requires the Attorney General to develop and release the
``Post-Sentencing Risk and Needs Assessment System'' (the
``System''), not later than 180 days after enactment of this
Act, to assess a prisoner's risk of recidivism and assign
prisoners to appropriate programs and activities.
Instructs the Attorney General to adapt the Federal Post
Conviction Risk Assessment Tool developed by the Administrative
Office of the U.S. Courts to create an intake assessment tool
and a reassessment tool to measure and use dynamic risk factors
to indicate progress.
Requires the System to provide guidance on the kind and
amount of recidivism reduction programming or productive
activities for each prisoner. All prisoners must participate in
programming and activities through the entire term of
incarceration, but prisoners with a higher risk of recidivating
shall receive greater amounts of programming.
Requires the System to provide guidance on grouping and
housing to ensure prisoners with a similar risk of recidivism
are together.
Establishes incentives and rewards for prisoners to
participate in programming and activities. This includes
increased family phone and visitation privileges and earned
time credits.
Prisoners shall earn 10 days of time credits for each 30
days of successful participation in recidivism risk reduction
programming or activities. If a prisoner shows a decrease in
risk over two reassessments, then the prisoner can earn an
additional 5 days (for a total of 15 days). A prisoner with a
low or no risk of recidivism can earn the additional 5 days
(for a total of 15 days) so long as that prisoner does not
increase risk over two reassessments.
A prisoner may not earn time credits for programming or
activities participated in before enactment of this Act and
before the prisoner's sentence commences. Makes prisoners
ineligible to earn time credits if the prisoner is serving a
sentence for conviction of certain offenses.
Requires prisoners to be reassessed at least annually and,
if the prisoner has a greater risk of recidivating, more
frequently during the 5 years before release. Requires BOP to
establish guidelines for reducing rewards and incentives for
prisoners who violate prison, program, or activity rules, and
for restoring those rewards and incentives based on individual
progress.
Requires the Attorney General to develop training programs
for BOP officials and employees related to the implementation
and operation of the System and to conduct periodic audits of
the System.
Section 104. Recidivism Reduction Program and Productive Activity
Recommendations
Directs the Attorney General to review the effectiveness of
existing programs in prisons operated by the Bureau and in
state-operated prisons and make recommendations to the Bureau
regarding the expansion of programming and activity capacity,
the replication of effective programs, and the addition of any
new programs that would help to reduce recidivism.
Section 105. Report
Directs the Attorney General to submit an annual report
about the activities undertaken as a result of this Act.
Section 106. Use of System and Recommendations by Bureau of Prisons
Directs the Bureau to: (1) implement the System and
complete a risk and needs assessment for each prisoner; (2)
expand the effective programs it offers and add any new ones
necessary to effectively implement the System; (3) phase in
such programs according to a specified schedule; and (4)
develop policies for the warden of each prison to enter into
partnerships with specified nonprofit organizations,
institutions of higher education, and private entities to
expand such programs. Sets forth procedures for the transfer
into pre-release custody of a prisoner determined to be less
than likely to recidivate.
Section 107. Definitions
Sets forth the definitions used in the Act.
Section 108. Authorization of Appropriations
Authorizes $50 million from 2016 to 2020 to carry out the
activities described in the Act.
TITLE II. RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Section 201. Use of Restraints on Prisoners During the Period of
Pregnancy
Prohibits the use of restraints on prisoners during the
period of pregnancy and postpartum recovery. The prohibition
shall not apply if the prisoner is determined to be an
immediate and credible flight risk or poses an immediate and
serious threat of harm to herself, the fetus or others.
Requires a report to be filed with the Director of BOP and
prisoner's healthcare professional when restraints are used.
Requires BOP to provide information to Congress annually.
TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY
Section 301. Short title
Sets forth the short title for Title III as the ``Eric
Williams Correctional Officer Protection Act of 2016.''
Section 302. Officers and Employees of the Bureau of Prisons Authorized
to Carry Oleoresin Capsicum Spray
Authorizes the Director of BOP to issue pepper spray to
those employed in a prison above the medium security level and
establishes a training requirement for any employee to be
eligible to receive and carry pepper spray. This section also
establishes the circumstances in which an employee may use
pepper spray.
Section 303. GAO Report
Requires the Comptroller General to submit a report to
Congress not later than 3 years after enactment of this Act
evaluating the effectiveness of using pepper spray in prison.
TITLE IV. BUREAU OF PRISONS SECURE FIREARMS STORAGE
Section 401. Short Title
Sets forth the short title for Title IV as the ``Lieutenant
Osvaldo Albarati Correctional Officer Self-Protection Act of
2016.''
Section 402. Findings
Sets forth the findings in support of Section 403.
Section 403. Secure firearms storage
Requires the Director of BOP to provide a secure storage
area outside the secure perimeter of the facility for employees
to store firearms or to allow the employee to place firearms in
secure storage boxes within vehicles.
TITLE V. MISCELLANEOUS
Section 501. De-escalation training
Requires BOP to provide de-escalation training as part of
the regular training requirements of correctional officers.
Section 502. Medication-assisted Treatment for Opioid and Heroin Abuse
Requires BOP to submit a report and evaluation of the
current pilot program to treat heroin and opioid abuse through
medication-assisted treatment. Nothing in this section
precludes the continuance or expansion of existing holistic,
faith-based, and other drug-free models to treat heroin and
opioid abuse.
Section 503. Monitoring of Electronic Communications Between Prisoner
and Attorney
Requires BOP to exclude from monitoring the contents of
electronic communications to or from a prisoner in a BOP
facility and his attorney or other legal representative. The
provision establishes a retention policy for these
communications should a court determine that the crime-fraud
exception to the attorney-client privilege applies.
Section 504. Pilot Programs
Requires BOP to establish two pilot programs for 2 years in
10 facilities. The first is a mentorship program for youth and
the second is for the training and therapy of abandoned,
rescued, or otherwise vulnerable animals.
Section 505. Ensuring Supervision of Released Sexually Dangerous
Persons
Provides U.S. Probation and Pretrial Services authority to
supervise sexually dangerous persons who have been
conditionally released from civil commitment.
Section 506. Data Collection
Establishes for BOP a statistical and demographic data
reporting requirement. This data must be provided to Congress
annually for 7 years and as part of the National Prisoner
Statistics Program.
Section 507. Federal Prisoner Reentry Initiative Reauthorization;
Modification of Imposed Term of Imprisonment
Removes the 10-year requirement from the elderly release
pilot program created by the Second Chance Act. This change
mirrors the change made in the Second Chance Reauthorization
Act recently passed by the House Judiciary Committee. Allows
the prisoner to seek relief under the program directly from a
court.
Section 508. Release Coordination
Requires BOP to designate one person at each facility to
serve as a release preparation coordinator and requires every
prisoner to develop a comprehensive release plan with
individualized assistance from staff with release preparation
expertise.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3154. Functions and powers relating to pretrial services
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial
officer, prior to the pretrial release hearing,
information pertaining to the pretrial release of each
individual charged with an offense, including
information relating to any danger that the release of
such person may pose to any other person or the
community, and, where appropriate, include a
recommendation as to whether such individual should be
released or detained and, if release is recommended,
recommend appropriate conditions of release; except
that a district court may direct that information not
be collected, verified, or reported under this
paragraph on individuals charged with Class A
misdemeanors as defined in section 3559(a)(6) of this
title.
(2) Review and modify the reports and recommendations
specified in paragraph (1) of this section for persons
seeking release pursuant to section 3145 of this
chapter.
(3) Supervise persons released into its custody under
this chapter.
(4) Operate or contract for the operation of
appropriate facilities for the custody or care of
persons released under this chapter including
residential halfway houses, addict and alcoholic
treatment centers, and counseling services, and
contract with any appropriate public or private agency
or person, or expend funds, to monitor and provide
treatment as well as nontreatment services to any such
persons released in the community, including equipment
and emergency housing, corrective and preventative
guidance and training, and other services reasonably
deemed necessary to protect the public and ensure that
such persons appear in court as required.
(5) Inform the court and the United States attorney
of all apparent violations of pretrial release
conditions, arrests of persons released to the custody
of providers of pretrial services or under the
supervision of providers of pretrial services, and any
danger that any such person may come to pose to any
other person or the community, and recommend
appropriate modifications of release conditions.
(6) Serve as coordinator for other local agencies
which serve or are eligible to serve as custodians
under this chapter and advise the court as to the
eligibility, availability, and capacity of such
agencies.
(7) Assist persons released under this chapter in
securing any necessary employment, medical, legal, or
social services.
(8) Prepare, in cooperation with the United States
marshal and the United States attorney such pretrial
detention reports as are required by the provisions of
the Federal Rules of Criminal Procedure relating to the
supervision of detention pending trial.
(9) Develop and implement a system to monitor and
evaluate bail activities, provide information to
judicial officers on the results of bail decisions, and
prepare periodic reports to assist in the improvement
of the bail process.
(10) To the extent provided for in an agreement
between a chief pretrial services officer in districts
in which pretrial services are established under
section 3152(b) of this title, or the chief probation
officer in all other districts, and the United States
attorney, collect, verify, and prepare reports for the
United States attorney's office of information
pertaining to the pretrial diversion of any individual
who is or may be charged with an offense, and perform
such other duties as may be required under any such
agreement.
(11) Make contracts, to such extent and in such
amounts as are provided in appropriation Acts, for the
carrying out of any pretrial services functions.
(12)(A) As directed by the court and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 [or 4246], 4246, or 4248 of this title, and report
such person's conduct and condition to the court
ordering release and the Attorney General or his
designee.
(B) Any violation of the conditions of release shall
immediately be reported to the court and the Attorney
General or his designee.
(13) If approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe.
(14) Perform, in a manner appropriate for juveniles,
any of the functions identified in this section with
respect to juveniles awaiting adjudication, trial, or
disposition under chapter 403 of this title who are not
detained.
(15) Perform such other functions as specified under
this chapter.
* * * * * * *
CHAPTER 227--SENTENCES
* * * * * * *
Sec. 3582. Imposition of a sentence of imprisonment
(a) Factors To Be Considered in Imposing a Term of
Imprisonment.--The court, in determining whether to impose a
term of imprisonment, and, if a term of imprisonment is to be
imposed, in determining the length of the term, shall consider
the factors set forth in section 3553(a) to the extent that
they are applicable, recognizing that imprisonment is not an
appropriate means of promoting correction and rehabilitation.
In determining whether to make a recommendation concerning the
type of prison facility appropriate for the defendant, the
court shall consider any pertinent policy statements issued by
the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).
(b) Effect of Finality of Judgment.--Notwithstanding the fact
that a sentence to imprisonment can subsequently be--
(1) modified pursuant to the provisions of subsection
(c);
(2) corrected pursuant to the provisions of rule 35
of the Federal Rules of Criminal Procedure and section
3742; or
(3) appealed and modified, if outside the guideline
range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence
constitutes a final judgment for all other purposes.
(c) Modification of an Imposed Term of Imprisonment.--The
court may not modify a term of imprisonment once it has been
imposed except that--
(1) in any case--
(A) the court, upon motion of the Director of
the Bureau of Prisons or, if the Director does
not make such a motion 30 days after receiving
a request to make such a motion from the
defendant, of the defendant, may reduce the
term of imprisonment (and may impose a term of
probation or supervised release with or without
conditions that does not exceed the unserved
portion of the original term of imprisonment),
after considering the factors set forth in
section 3553(a) to the extent that they are
applicable, if it finds that--
(i) extraordinary and compelling
reasons warrant such a reduction; or
(ii) the defendant is at least 70
years of age, has served at least 30
years in prison, pursuant to a sentence
imposed under section 3559(c), for the
offense or offenses for which the
defendant is currently imprisoned, and
a determination has been made by the
Director of the Bureau of Prisons, or
the court in the case that the court is
considering a motion of the defendant
that the defendant is not a danger to
the safety of any other person or the
community, as provided under section
3142(g);
and that such a reduction is consistent with
applicable policy statements issued by the
Sentencing Commission; and
(B) the court may modify an imposed term of
imprisonment to the extent otherwise expressly
permitted by statute or by Rule 35 of the
Federal Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced
to a term of imprisonment based on a sentencing range
that has subsequently been lowered by the Sentencing
Commission pursuant to 28 U.S.C. 994(o), upon motion of
the defendant or the Director of the Bureau of Prisons,
or on its own motion, the court may reduce the term of
imprisonment, after considering the factors set forth
in section 3553(a) to the extent that they are
applicable, if such a reduction is consistent with
applicable policy statements issued by the Sentencing
Commission.
(d) Inclusion of an Order To Limit Criminal Association of
Organized Crime and Drug Offenders.--The court, in imposing a
sentence to a term of imprisonment upon a defendant convicted
of a felony set forth in chapter 95 (racketeering) or 96
(racketeer influenced and corrupt organizations) of this title
or in the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon
motion by the Director of the Bureau of Prisons or a United
States attorney, may include as a part of the sentence an order
that requires that the defendant not associate or communicate
with a specified person, other than his attorney, upon a
showing of probable cause to believe that association or
communication with such person is for the purpose of enabling
the defendant to control, manage, direct, finance, or otherwise
participate in an illegal enterprise.
* * * * * * *
CHAPTER 229--POSTSENTENCE ADMINISTRATION
* * * * * * *
SUBCHAPTER A--PROBATION
* * * * * * *
Sec. 3603. Duties of probation officers
A probation officer shall--
(1) instruct a probationer or a person on supervised
release, who is under his supervision, as to the
conditions specified by the sentencing court, and
provide him with a written statement clearly setting
forth all such conditions;
(2) keep informed, to the degree required by the
conditions specified by the sentencing court, as to the
conduct and condition of a probationer or a person on
supervised release, who is under his supervision, and
report his conduct and condition to the sentencing
court;
(3) use all suitable methods, not inconsistent with
the conditions specified by the court, to aid a
probationer or a person on supervised release who is
under his supervision, and to bring about improvements
in his conduct and condition;
(4) be responsible for the supervision of any
probationer or a person on supervised release who is
known to be within the judicial district;
(5) keep a record of his work, and make such reports
to the Director of the Administrative Office of the
United States Courts as the Director may require;
(6) upon request of the Attorney General or his
designee, assist in the supervision of and furnish
information about, a person within the custody of the
Attorney General while on work release, furlough, or
other authorized release from his regular place of
confinement, or while in prerelease custody pursuant to
the provisions of section 3624(c);
(7) keep informed concerning the conduct, condition,
and compliance with any condition of probation,
including the payment of a fine or restitution of each
probationer under his supervision and report thereon to
the court placing such person on probation and report
to the court any failure of a probationer under his
supervision to pay a fine in default within thirty days
after notification that it is in default so that the
court may determine whether probation should be
revoked;
(8)(A) when directed by the court, and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 [or 4246], 4246, or 4248 of this title, and report
such person's conduct and condition to the court
ordering release and to the Attorney General or his
designee; and
(B) immediately report any violation of the
conditions of release to the court and the Attorney
General or his designee;
(9) if approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe; and
(10) perform any other duty that the court may
designate.
* * * * * * *
SUBCHAPTER C--IMPRISONMENT
* * * * * * *
Sec. 3621. Imprisonment of a convicted person
(a) Commitment to Custody of Bureau of Prisons.--A person who
has been sentenced to a term of imprisonment pursuant to the
provisions of subchapter D of chapter 227 shall be committed to
the custody of the Bureau of Prisons until the expiration of
the term imposed, or until earlier released for satisfactory
behavior pursuant to the provisions of section 3624.
(b) Place of Imprisonment.--The Bureau of Prisons shall
designate the place of the prisoner's imprisonment. The Bureau
may designate any available penal or correctional facility that
meets minimum standards of health and habitability established
by the Bureau, whether maintained by the Federal Government or
otherwise and whether within or without the judicial district
in which the person was convicted, that the Bureau determines
to be appropriate and suitable, considering--
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the
sentence--
(A) concerning the purposes for which the
sentence to imprisonment was determined to be
warranted; or
(B) recommending a type of penal or
correctional facility as appropriate; and
(5) any pertinent policy statement issued by the
Sentencing Commission pursuant to section 994(a)(2) of
title 28.
In designating the place of imprisonment or making transfers
under this subsection, there shall be no favoritism given to
prisoners of high social or economic status. The Bureau may at
any time, having regard for the same matters, direct the
transfer of a prisoner from one penal or correctional facility
to another. The Bureau shall make available appropriate
substance abuse treatment for each prisoner the Bureau
determines has a treatable condition of substance addiction or
abuse. Any order, recommendation, or request by a sentencing
court that a convicted person serve a term of imprisonment in a
community corrections facility shall have no binding effect on
the authority of the Bureau under this section to determine or
change the place of imprisonment of that person.
(c) Delivery of Order of Commitment.--When a prisoner,
pursuant to a court order, is placed in the custody of a person
in charge of a penal or correctional facility, a copy of the
order shall be delivered to such person as evidence of this
authority to hold the prisoner, and the original order, with
the return endorsed thereon, shall be returned to the court
that issued it.
(d) Delivery of Prisoner for Court Appearances.--The United
States marshal shall, without charge, bring a prisoner into
court or return him to a prison facility on order of a court of
the United States or on written request of an attorney for the
Government.
(e) Substance Abuse Treatment.--
(1) Phase-in.--In order to carry out the requirement
of the last sentence of subsection (b) of this section,
that every prisoner with a substance abuse problem have
the opportunity to participate in appropriate substance
abuse treatment, the Bureau of Prisons shall, subject
to the availability of appropriations, provide
residential substance abuse treatment (and make
arrangements for appropriate aftercare)--
(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995, with
priority for such treatment accorded based on
an eligible prisoner's proximity to release
date;
(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996, with
priority for such treatment accorded based on
an eligible prisoner's proximity to release
date; and
(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter, with priority
for such treatment accorded based on an
eligible prisoner's proximity to release date.
(2) Incentive for prisoners' successful completion of
treatment program.--
(A) Generally.--Any prisoner who, in the
judgment of the Director of the Bureau of
Prisons, has successfully completed a program
of residential substance abuse treatment
provided under paragraph (1) of this
subsection, shall remain in the custody of the
Bureau under such conditions as the Bureau
deems appropriate. If the conditions of
confinement are different from those the
prisoner would have experienced absent the
successful completion of the treatment, the
Bureau shall periodically test the prisoner for
substance abuse and discontinue such conditions
on determining that substance abuse has
recurred.
(B) Period of custody.--The period a prisoner
convicted of a nonviolent offense remains in
custody after successfully completing a
treatment program may be reduced by the Bureau
of Prisons, but such reduction may not be more
than one year from the term the prisoner must
otherwise serve.
(3) Report.--The Bureau of Prisons shall transmit to
the Committees on the Judiciary of the Senate and the
House of Representatives on January 1, 1995, and on
January 1 of each year thereafter, a report. Such
report shall contain--
(A) a detailed quantitative and qualitative
description of each substance abuse treatment
program, residential or not, operated by the
Bureau;
(B) a full explanation of how eligibility for
such programs is determined, with complete
information on what proportion of prisoners
with substance abuse problems are eligible; and
(C) a complete statement of to what extent
the Bureau has achieved compliance with the
requirements of this title.
(4) Authorization of appropriations.--There are
authorized to carry out this subsection such sums as
may be necessary for each of fiscal years 2007 through
2011.
(5) Definitions.--As used in this subsection--
(A) the term ``residential substance abuse
treatment'' means a course of individual and
group activities and treatment, lasting at
least 6 months, in residential treatment
facilities set apart from the general prison
population (which may include the use of
pharmocotherapies, where appropriate, that may
extend beyond the 6-month period);
(B) the term ``eligible prisoner'' means a
prisoner who is--
(i) determined by the Bureau of
Prisons to have a substance abuse
problem; and
(ii) willing to participate in a
residential substance abuse treatment
program; and
(C) the term ``aftercare'' means placement,
case management and monitoring of the
participant in a community-based substance
abuse treatment program when the participant
leaves the custody of the Bureau of Prisons.
(6) Coordination of federal assistance.--The Bureau
of Prisons shall consult with the Department of Health
and Human Services concerning substance abuse treatment
and related services and the incorporation of
applicable components of existing comprehensive
approaches including relapse prevention and aftercare
services.
(f) Sex Offender Management.--
(1) In general.--The Bureau of Prisons shall make
available appropriate treatment to sex offenders who
are in need of and suitable for treatment, as follows:
(A) Sex offender management programs.--The
Bureau of Prisons shall establish non-
residential sex offender management programs to
provide appropriate treatment, monitoring, and
supervision of sex offenders and to provide
aftercare during pre-release custody.
(B) Residential sex offender treatment
programs.--The Bureau of Prisons shall
establish residential sex offender treatment
programs to provide treatment to sex offenders
who volunteer for such programs and are deemed
by the Bureau of Prisons to be in need of and
suitable for residential treatment.
(2) Regions.--At least 1 sex offender management
program under paragraph (1)(A), and at least one
residential sex offender treatment program under
paragraph (1)(B), shall be established in each region
within the Bureau of Prisons.
(3) Authorization of appropriations.--There are
authorized to be appropriated to the Bureau of Prisons
for each fiscal year such sums as may be necessary to
carry out this subsection.
(g) Continued Access to Medical Care.--
(1) In general.--In order to ensure a minimum
standard of health and habitability, the Bureau of
Prisons should ensure that each prisoner in a community
confinement facility has access to necessary medical
care, mental health care, and medicine through
partnerships with local health service providers and
transition planning.
(2) Definition.--In this subsection, the term
``community confinement'' has the meaning given that
term in the application notes under section 5F1.1 of
the Federal Sentencing Guidelines Manual, as in effect
on the date of the enactment of the Second Chance Act
of 2007.
(h) Post-Sentencing Risk and Needs Assessment System.--
(1) In general.--Not later than 180 days after the
Attorney General completes and releases the Post-
Sentencing Risk and Needs Assessment System (referred
to in this subsection as the ``System'') developed
under the Recidivism Risk Reduction Act, the Bureau of
Prisons shall--
(A) implement the System and complete a risk
and needs assessment for each prisoner (as such
term is defined in section 107 of the
Recidivism Risk Reduction Act), regardless of
the prisoner's length of imposed term of
imprisonment; and
(B) expand the effective recidivism reduction
programs (as such term is defined under section
107 of the Recidivism Risk Reduction Act) and
productive activities it offers and add any new
recidivism reduction programs and productive
activities necessary to effectively implement
the System, and in accordance with the
recommendations made by the Attorney General
under section 104 of that Act and with
paragraph (2).
(2) Phase-in.--In order to carry out paragraph (1),
so that every prisoner has the opportunity to
participate in and complete the kind and amount of
recidivism reduction programming or productive
activities necessary to effectively implement the
System and that the Attorney General recommends, the
Bureau of Prisons shall, subject to the availability of
appropriations, provide such recidivism reduction
programs and productive activities--
(A) for not less than 20 percent of prisoners
before the date that is one year after the date
on which the Bureau of Prisons completes the
risk and needs assessments under paragraph
(1)(A);
(B) for not less than 40 percent of prisoners
before the date that is 2 years after the date
on which the Bureau of Prisons completes the
risk and needs assessments under paragraph
(1)(A);
(C) for not less than 60 percent of prisoners
before the date that is 3 years after the date
on which the Bureau of Prisons completes the
risk and needs assessments under paragraph
(1)(A);
(D) for not less than 80 percent of prisoners
before the date that is 4 years after the date
on which the Bureau of Prisons completes the
risk and needs assessments under paragraph
(1)(A); and
(E) for all prisoners before the date that is
5 years after the date on which the Bureau of
Prisons completes a risk and needs assessment
for each prisoner under paragraph (1)(A) and
thereafter.
(3) Priority during phase-in.--During the phase-in
period described in paragraph (2), the priority for
such programs and activities shall be accorded based on
a prisoner's proximity to release date.
(4) Preliminary expansion of recidivism reduction
programs and authority to use incentives.--Beginning on
the date of the enactment of the Recidivism Risk
Reduction Act, the Bureau of Prisons may begin to
expand any recidivism reduction programs and productive
activities that exist at a prison as of such date, and
may offer to prisoners who successfully participate in
such programming and activities the incentives and
rewards described in 103(e) of such Act.
(5) Recidivism reduction partnerships.--In order to
expand recidivism reduction programs and productive
activities, the Bureau of Prisons shall develop
policies for the warden of each prison to enter into
partnerships, subject to the availability of
appropriations, with any of the following:
(A) Nonprofit and other private
organizations, including faith-based, art, and
community-based organizations that will deliver
recidivism reduction programming on a paid or
volunteer basis.
(B) Institutions of higher education (as
defined in section 101 of the Higher Education
Act of 1965 20 U.S.C. 1001) that will deliver
instruction on a paid or volunteer basis.
(C) Private entities that will--
(i) deliver vocational training and
certifications;
(ii) provide equipment to facilitate
vocational training or employment
opportunities for prisoners;
(iii) employ prisoners; or
(iv) assist prisoners in prerelease
custody or supervised release in
finding employment.
(D) Industry-sponsored organizations that
will deliver workforce development and
training, on a paid or volunteer basis.
* * * * * * *
Sec. 3624. Release of a prisoner
(a) Date of Release.--A prisoner shall be released by the
Bureau of Prisons on the date of the expiration of the
prisoner's term of imprisonment, less any time credited toward
the service of the prisoner's sentence as provided in
subsection (b). If the date for a prisoner's release falls on a
Saturday, a Sunday, or a legal holiday at the place of
confinement, the prisoner may be released by the Bureau on the
last preceding weekday.
(b) Credit Toward Service of Sentence for Satisfactory
Behavior.--
(1) Subject to paragraph (2), a prisoner who is
serving a term of imprisonment of more than 1 year
other than a term of imprisonment for the duration of
the prisoner's life, may receive credit toward the
service of the prisoner's sentence, beyond the time
served, of up to 54 days at the end of each year of the
prisoner's term of imprisonment, beginning at the end
of the first year of the term, subject to determination
by the Bureau of Prisons that, during that year, the
prisoner has displayed exemplary compliance with
institutional disciplinary regulations. Subject to
paragraph (2), if the Bureau determines that, during
that year, the prisoner has not satisfactorily complied
with such institutional regulations, the prisoner shall
receive no such credit toward service of the prisoner's
sentence or shall receive such lesser credit as the
Bureau determines to be appropriate. In awarding credit
under this section, the Bureau shall consider whether
the prisoner, during the relevant period, has earned,
or is making satisfactory progress toward earning, a
high school diploma or an equivalent degree. Credit
that has not been earned may not later be granted.
Subject to paragraph (2), [credit for the last year or
portion of a year of the term of imprisonment shall be
prorated and credited within the last six weeks of the
sentence] credit for the last year of a term of
imprisonment shall be credited on the first day of the
last year of the term of imprisonment.
(2) Notwithstanding any other law, credit awarded
under this subsection after the date of enactment of
the Prison Litigation Reform Act shall vest on the date
the prisoner is released from custody.
(3) The Attorney General shall ensure that the Bureau
of Prisons has in effect an optional General
Educational Development program for inmates who have
not earned a high school diploma or its equivalent.
(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the
Director of the Federal Bureau of Prisons.
(c) Prerelease Custody.--
(1) In general.--The Director of the Bureau of
Prisons shall, to the extent practicable, ensure that a
prisoner serving a term of imprisonment spends a
portion of the final months of that term (not to exceed
12 months), under conditions that will afford that
prisoner a reasonable opportunity to adjust to and
prepare for the reentry of that prisoner into the
community. Such conditions may include a community
correctional facility.
(2) Home confinement authority.--The authority under
this subsection may be used to place a prisoner in home
confinement for the shorter of 10 percent of the term
of imprisonment of that prisoner or 6 months.
(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during prerelease custody under this
subsection.
(4) No limitations.--Nothing in this subsection shall
be construed to limit or restrict the authority of the
Director of the Bureau of Prisons under section 3621.
(5) Reporting.--Not later than 1 year after the date
of the enactment of the Second Chance Act of 2007 (and
every year thereafter), the Director of the Bureau of
Prisons shall transmit to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report
describing the Bureau's utilization of community
corrections facilities. Each report under this
paragraph shall set forth the number and percentage of
Federal prisoners placed in community corrections
facilities during the preceding year, the average
length of such placements, trends in such utilization,
the reasons some prisoners are not placed in community
corrections facilities, and any other information that
may be useful to the committees in determining if the
Bureau is utilizing community corrections facilities in
an effective manner.
(6) Issuance of regulations.--The Director of the
Bureau of Prisons shall issue regulations pursuant to
this subsection not later than 90 days after the date
of the enactment of the Second Chance Act of 2007,
which shall ensure that placement in a community
correctional facility by the Bureau of Prisons is--
(A) conducted in a manner consistent with
section 3621(b) of this title;
(B) determined on an individual basis; and
(C) of sufficient duration to provide the
greatest likelihood of successful reintegration
into the community.
(d) Allotment of Clothing, Funds, and Transportation.--Upon
the release of a prisoner on the expiration of the prisoner's
term of imprisonment, the Bureau of Prisons shall furnish the
prisoner with--
(1) suitable clothing;
(2) an amount of money, not more than $500,
determined by the Director to be consistent with the
needs of the offender and the public interest, unless
the Director determines that the financial position of
the offender is such that no sum should be furnished;
and
(3) transportation to the place of the prisoner's
conviction, to the prisoner's bona fide residence
within the United States, or to such other place within
the United States as may be authorized by the Director.
(e) Supervision After Release.--A prisoner whose sentence
includes a term of supervised release after imprisonment shall
be released by the Bureau of Prisons to the supervision of a
probation officer who shall, during the term imposed, supervise
the person released to the degree warranted by the conditions
specified by the sentencing court. The term of supervised
release commences on the day the person is released from
imprisonment and runs concurrently with any Federal, State, or
local term of probation or supervised release or parole for
another offense to which the person is subject or becomes
subject during the term of supervised release. A term of
supervised release does not run during any period in which the
person is imprisoned in connection with a conviction for a
Federal, State, or local crime unless the imprisonment is for a
period of less than 30 consecutive days. Upon the release of a
prisoner by the Bureau of Prisons to supervised release, the
Bureau of Prisons shall notify such prisoner, verbally and in
writing, of the requirement that the prisoner adhere to an
installment schedule, not to exceed 2 years except in special
circumstances, to pay for any fine imposed for the offense
committed by such prisoner, and of the consequences of failure
to pay such fines under sections 3611 through 3614 of this
title.
(f) Mandatory Functional Literacy Requirement.--
(1) The Attorney General shall direct the Bureau of
Prisons to have in effect a mandatory functional
literacy program for all mentally capable inmates who
are not functionally literate in each Federal
correctional institution within 6 months from the date
of the enactment of this Act.
(2) Each mandatory functional literacy program shall
include a requirement that each inmate participate in
such program for a mandatory period sufficient to
provide the inmate with an adequate opportunity to
achieve functional literacy, and appropriate incentives
which lead to successful completion of such programs
shall be developed and implemented.
(3) As used in this section, the term ``functional
literacy'' means--
(A) an eighth grade equivalence in reading
and mathematics on a nationally recognized
standardized test;
(B) functional competency or literacy on a
nationally recognized criterion-referenced
test; or
(C) a combination of subparagraphs (A) and
(B).
(4) Non-English speaking inmates shall be required to
participate in an English-As-A-Second-Language program
until they function at the equivalence of the eighth
grade on a nationally recognized educational
achievement test.
(5) The Chief Executive Officer of each institution
shall have authority to grant waivers for good cause as
determined and documented on an individual basis.
(g) Prerelease Custody for Risk and Needs Assessment System
Participants.--
(1) Eligible prisoners.--
(A) In general.--This subsection applies in
the case of a prisoner (as such term is defined
in section 107 of the Recidivism Risk Reduction
Act) who--
(i) has earned time credits under the
Post-Sentencing Risk and Needs
Assessment System developed under the
Recidivism Risk Reduction Act (referred
to in this subsection as the
``System'') in an amount that is equal
to the remainder of the prisoner's
imposed term of imprisonment;
(ii) has been classified by the
warden of the prison as otherwise
qualified to be transferred into
prerelease custody; and
(iii) except as provided in
subparagraph (B), has not been
determined under the System to be more
likely than not to recidivate.
(B) Exception.--
(i) Reconsideration by warden.--The
warden of a prison shall, not later
than 30 days after receiving from a
prisoner who was determined under the
System to be more likely than not to
recidivate, but who is otherwise
eligible for prerelease custody under
this subsection, a request for
reconsideration of the determination
under the System that the prisoner is
more likely than not to recidivate,
review such prisoner's request, and
either submit a recommendation under
paragraph (2), or notify the prisoner
in writing that the warden has reviewed
the prisoner's request and made a
determination not to submit a
recommendation under paragraph (2).
(ii) Reconsideration by director.--In
the case that the warden of a prison
does not submit a recommendation or
notify a prisoner under clause (i)
during the time period described in
that clause, the prisoner may submit
such a request for reconsideration to
the Director of the Bureau of Prisons,
who shall, not later than 60 days after
receiving such a request, review the
request, and either submit a
recommendation under paragraph (2), or
notify the prisoner in writing that the
Director has reviewed the prisoner's
request and made a determination not to
submit a recommendation under paragraph
(2).
(iii) Submission to court.--In the
case that the Director does not submit
a recommendation or notify a prisoner
under clause (ii) during the time
period described in that clause, the
prisoner may submit such a request for
reconsideration to the United States
district court in which the prisoner
was convicted. Upon making a
determination after the review of a
request under this clause, the court
shall submit such determination to the
Director and to the warden.
(2) Recommendation process.--
(A) Submission of recommendation.--The warden
of the prison, or the Director of the Bureau of
Prisons, as applicable, shall submit a
recommendation that the prisoner be transferred
into prerelease custody to the United States
district court in which the prisoner was
convicted.
(B) Approval or denial.--
(i) In general.--Not later than 30
days after the submission of a
recommendation under subparagraph (A),
a judge for such court shall approve or
deny the recommendation, except that a
judge may only deny such a
recommendation if the judge finds by
clear and convincing evidence that the
prisoner should not be transferred into
prerelease custody based only on
evidence of the prisoner's actions
after the conviction of such prisoner
and not based on evidence from the
underlying conviction, and submits a
detailed written statement regarding
such finding to the warden of the
prison who recommended that the
prisoner be transferred into prerelease
custody.
(ii) Hearing.--The court may hold a
hearing in order to make a
determination under clause (i). The
prisoner shall have the right to be
present at the hearing, which right may
be satisfied through the use of video
teleconference.
(iii) Failure to deny treated as
approval.--The failure of a judge to
approve or deny a recommendation to
transfer at the end of the 30-day
period described in clause (i) shall be
treated as an approval of such
recommendation.
(3) Placement of prisoner in prerelease custody.--
Upon the approval of a recommendation under paragraph
(2)(B)(i), or 30 days after the warden or the Director
submits a recommendation under paragraph (2)(A),
whichever occurs earlier, the prisoner shall be placed
in prerelease custody in accordance with this
subsection.
(4) Types of prerelease custody.--A prisoner may be
placed in prerelease custody as follows:
(A) Home confinement.--
(i) In general.--A prisoner placed in
prerelease custody pursuant to this
subsection who is placed in home
confinement shall--
(I) be subject to 24-hour
electronic monitoring that
enables the prompt
identification of any violation
of subclause (II);
(II) remain in the prisoner's
residence, except that the
prisoner may leave the
prisoner's home in order to,
subject to the approval of the
Director of the Bureau of
Prisons--
(aa) perform a job or
job-related activities,
including an
apprenticeship, or
participate in job-
seeking activities;
(bb) participate in
recidivism reduction
programming or
productive activities
assigned by the System,
or similar activities;
(cc) perform
community service;
(dd) participate in
crime victim
restoration activities;
(ee) receive medical
treatment; or
(ff) attend religious
activities; and
(III) comply with such other
conditions as the Director
determines appropriate.
(ii) Alternate means of monitoring.--
If the electronic monitoring of a
prisoner described in clause (i)(I) is
infeasible for technical or religious
reasons, the Director of the Bureau of
Prisons may use alternative means of
monitoring a prisoner placed in home
confinement that the Director
determines are as effective or more
effective than the electronic
monitoring described in clause (i)(I).
(iii) Modifications.--The Director of
the Bureau of Prisons may modify the
conditions described in clause (i) if
the Director determines that a
compelling reason exists to do so, and
that the prisoner has demonstrated
exemplary compliance with such
conditions.
(iv) Duration.--Except as provided in
paragraph (6), a prisoner who is placed
in home confinement shall remain in
home confinement until the prisoner has
served not less than 85 percent of the
prisoner's imposed term of
imprisonment.
(B) Community supervision.--A prisoner placed
in prerelease custody pursuant to this
subsection who is placed on community
supervision--
(i) shall be subject to such
conditions as the Director of the
Bureau of Prisons determines
appropriate;
(ii) may remain on community
supervision until the conclusion of the
prisoner's sentence; and
(iii) may only be placed on community
supervision if the duration of the
prisoner's eligibility for community
supervision is equal to or longer than
the duration of the prisoner's
remaining period of prerelease custody.
(C) Residential reentry center.--A prisoner
placed in prerelease custody pursuant to this
subsection who is placed at a residential
reentry center shall be subject to such
conditions as the Director of the Bureau of
Prisons determines appropriate.
(5) Determination of conditions.--In determining
appropriate conditions for prisoners placed in
prerelease custody pursuant to this subsection, the
Director of the Bureau of Prisons shall, to the extent
practicable, provide that increasingly less restrictive
conditions shall be imposed on prisoners who
demonstrate continued compliance with the conditions of
such prerelease custody, so as to most effectively
prepare such prisoners for reentry.
(6) Violations of conditions.--If a prisoner violates
a condition of the prisoner's prerelease custody, the
Director of the Bureau of Prisons may revoke the
prisoner's prerelease custody and require the prisoner
to serve the remainder of the term of imprisonment to
which the prisoner was sentenced, or any portion
thereof, in prison, or impose such additional
conditions on the prisoner's prerelease custody as the
Director of the Bureau of Prisons determines
appropriate.
(7) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office
of Probation and Pretrial Services, shall issue
guidelines, for use by the Bureau of Prisons in
determining--
(A) appropriate type of prerelease custody
and level of supervision for a prisoner placed
on prerelease custody pursuant to this
subsection; and
(B) consequences for a violation of a
condition of such prerelease custody by such a
prisoner, including a return to prison and a
reassessment of recidivism risk level under the
System.
(8) Agreements with united states probation and
pretrial services.--The Director of the Bureau of
Prisons shall, to the greatest extent practicable,
enter into agreements with the United States Probation
and Pretrial Services to supervise prisoners placed in
home confinement or community supervision under this
subsection. Such agreements shall--
(A) authorize United States Probation and
Pretrial Services to exercise the authority
granted to the Director pursuant to paragraphs
(4) and (5);
(B) take into account the resource
requirements of United States Probation and
Pretrial Services as a result of the transfer
of Bureau of Prisons prisoners to prerelease
custody; and
(C) provide for the transfer of such funds as
may be necessary to comply with such
requirements.
(9) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable,
offer assistance to any prisoner not under its
supervision during prerelease custody under this
subsection.
(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease
custody under this subsection.
(h) Alien Prisoners.--If a prisoner who is placed in
prerelease custody is an alien whose deportation was ordered as
a condition of such prerelease custody or who is subject to a
detainer filed by United States Immigration and Customs
Enforcement for the purposes of determining the alien's
deportability, United States Immigration and Customs
Enforcement shall take custody of the alien upon the alien's
transfer to prerelease custody.
* * * * * * *
PART III--PRISONS AND PRISONERS
* * * * * * *
CHAPTER 303--BUREAU OF PRISONS
Sec.
4041. Bureau of Prisons; director and employees.
* * * * * * *
4049. Officers and employees of the Bureau of Prisons authorized to
carry oleoresin capsicum spray.
4050. Secure firearms storage.
* * * * * * *
Sec. 4049. Officers and employees of the Bureau of Prisons authorized
to carry oleoresin capsicum spray
(a) In General.--The Director of the Bureau of Prisons shall
issue, on a routine basis, oleoresin capsicum spray to--
(1) any officer or employee of the Bureau of Prisons
who--
(A) is employed in a prison that is not a
minimum or low security prison; and
(B) may respond to an emergency situation in
such a prison; and
(2) to such additional officers and employees of
prisons as the Director determines appropriate, in
accordance with this section.
(b) Training Requirement.--
(1) In general.--In order for an officer or employee
of the Bureau of Prisons, including a correctional
officer, to be eligible to receive and carry oleoresin
capsicum spray pursuant to this section, the officer or
employee shall complete a training course before being
issued such spray, and annually thereafter, on the use
of oleoresin capsicum spray.
(2) Transferability of training.--An officer or
employee of the Bureau of Prisons who completes a
training course pursuant to paragraph (1) and
subsequently transfers to employment at a different
prison, shall not be required to complete an additional
training course solely due such transfer.
(3) Training conducted during regular employment.--An
officer or employee of the Bureau of Prisons who
completes a training course required under paragraph
(1) shall do so during the course of that officer or
employee's regular employment, and shall be compensated
at the same rate that the officer or employee would be
compensated for conducting the officer or employee's
regular duties.
(c) Use of Oleoresin Capsicum Spray.--Officers and employees
of the Bureau of Prisons issued oleoresin capsicum spray
pursuant to subsection (a) may use such spray to reduce acts of
violence--
(1) committed by prisoners against themselves, other
prisoners, prison visitors, and officers and employees
of the Bureau of Prisons; and
(2) committed by prison visitors against themselves,
prisoners, other visitors, and officers and employees
of the Bureau of Prisons.
Sec. 4050. Secure firearms storage
(a) Definitions.--In this section--
(1) the term ``employee'' means a qualified law
enforcement officer employed by the Bureau of Prisons;
and
(2) the terms ``firearm'' and ``qualified law
enforcement officer'' have the meanings given those
terms under section 926B.
(b) Secure Firearms Storage.--The Director of the Bureau of
Prisons shall ensure that each chief executive officer of a
Federal penal or correctional institution--
(1)(A) provides a secure storage area located outside
of the secure perimeter of the institution for
employees to store firearms; or
(B) allows employees to store firearms in a vehicle
lockbox approved by the Director of the Bureau of
Prisons; and
(2) notwithstanding any other provision of law,
allows employees to carry concealed firearms on the
premises outside of the secure perimeter of the
institution.
* * * * * * *
CHAPTER 317--INSTITUTIONS FOR WOMEN
Sec.
4321. Board of Advisers.
4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.
* * * * * * *
Sec. 4322. Use of restraints on prisoners during the period of
pregnancy, labor, and postpartum recovery
prohibited
(a) Prohibition.--Except as provided in subsection (b),
beginning on the date on which pregnancy is confirmed by a
healthcare professional, and ending at the conclusion of
postpartum recovery, a prisoner in the custody of the Bureau of
Prisons, or in the custody of the United States Marshals
Service pursuant to section 4086, shall not be placed in
restraints.
(b) Exceptions.--
(1) In general.--The prohibition under subsection (a)
shall not apply if--
(A) an appropriate corrections official, or a
United States marshal, as applicable, makes a
determination that the prisoner--
(i) is an immediate and credible
flight risk that cannot reasonably be
prevented by other means; or
(ii) poses an immediate and serious
threat of harm to herself or others
that cannot reasonably be prevented by
other means; or
(B) a health care professional responsible
for the health and safety of the prisoner
determines that the use of restraints is
appropriate for the medical safety of the
prisoner.
(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under
paragraph (1), only the least restrictive restraints
necessary to prevent the harm or risk of escape
described in paragraph (1) may be used.
(3) Application.--
(A) In general.--The exceptions under
paragraph (1) may not be applied--
(i) to place restraints around the
ankles, legs, or waist of a prisoner;
(ii) to restrain a prisoner's hands
behind her back;
(iii) to restrain a prisoner using
four-point restraints; or
(iv) to attach a prisoner to another
prisoner.
(B) Medical request.--Notwithstanding
paragraph (1), upon the request of a healthcare
professional who is responsible for the health
and safety of a prisoner, a corrections
official or United States marshal, as
applicable, shall refrain from using restraints
on the prisoner or remove restraints used on
the prisoner.
(c) Reports.--
(1) Report to the director and healthcare
professional.--If a corrections official or United
States marshal uses restraints on a prisoner under
subsection (b)(1), that official or marshal shall
submit, not later than 30 days after placing the
prisoner in restraints, to the Director of the Bureau
of Prisons or the Director of the United States
Marshals Service, as applicable, and to the healthcare
professional responsible for the health and safety of
the prisoner, a written report which describes the
facts and circumstances surrounding the use of
restraints, and includes--
(A) the reasoning upon which the
determination to use restraints was made;
(B) the details of the use of restraints,
including the type of restraints used and
length of time during which restraints were
used; and
(C) any resulting physical effects on the
prisoner observed by or known to the
corrections official or United States marshal,
as applicable.
(2) Supplemental report to the director.--Upon
receipt of a report under subsection (c)(1), the
healthcare professional responsible for the health and
safety of the prisoner may submit to the Director such
information as the healthcare professional determines
is relevant to the use of restraints on the prisoner.
(3) Report to judiciary committees.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, and annually
thereafter, the Director of the Bureau of
Prisons and the Director of the United States
Marshals Service shall each submit to the
Judiciary Committee of the Senate and of the
House of Representatives a report that
certifies compliance with this section and
includes the information required to be
reported under paragraph (1).
(B) Personally identifiable information.--The
report under this paragraph shall not contain
any personally identifiable information of any
prisoner.
(d) Notice.--Not later than 48 hours after the confirmation
of a prisoner's pregnancy by a health care professional, that
prisoner shall be notified by an appropriate health care
professional, corrections official, or United States marshal,
as applicable, of the restrictions on the use of restraints
under this section.
(e) Violation Reporting Process.--The Director of the Bureau
of Prisons, in consultation with the Director of the United
States Marshals Service, shall establish a process through
which a prisoner may report a violation of this section.
(f) Training.--
(1) In general.--The Director of the Bureau of
Prisons and the Director of the United States Marshals
Service shall each develop training guidelines
regarding the use of restraints on female prisoners
during the period of pregnancy, labor, and postpartum
recovery, and shall incorporate such guidelines into
appropriate training programs. Such training guidelines
shall include--
(A) how to identify certain symptoms of
pregnancy that require immediate referral to a
health care professional;
(B) circumstances under which the exceptions
under subsection (b) would apply;
(C) in the case that an exception under
subsection (b) applies, how to apply restraints
in a way that does not harm the prisoner, the
fetus, or the neonate;
(D) the information required to be reported
under subsection (c); and
(E) the right of a health care professional
to request that restraints not be used, and the
requirement under subsection (b)(3)(B) to
comply with such a request.
(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors
shall each consult with health care professionals with
expertise in caring for women during the period of
pregnancy and postpartum recovery.
(g) Definitions.--For purposes of this section:
(1) The term ``postpartum recovery'' means the six-
week period, or longer as determined by the healthcare
professional responsible for the health and safety of
the prisoner, following delivery, and shall include the
entire period that the prisoner is in the hospital or
infirmary.
(2) The term ``restraints'' means any physical or
mechanical device used to control the movement of a
prisoner's body, limbs, or both.
(3) The term ``prisoner'' means a person who has been
sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person
in the custody of the Bureau of Prisons, including a
person in a Bureau of Prisons contracted facility.
----------
SECOND CHANCE ACT OF 2007
* * * * * * *
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
* * * * * * *
Subtitle C--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.
(a) In general.--The Attorney General, in coordination with
the Director of the Bureau of Prisons, shall, subject to the
availability of appropriations, conduct the following
activities to establish a Federal prisoner reentry initiative:
(1) The establishment of a Federal prisoner reentry
strategy to help prepare prisoners for release and
successful reintegration into the community, including,
at a minimum, that the Bureau of Prisons--
(A) assess each prisoner's skill level
(including academic, vocational, health,
cognitive, interpersonal, daily living, and
related reentry skills) at the beginning of the
term of imprisonment of that prisoner to
identify any areas in need of improvement prior
to reentry;
(B) generate a skills development plan for
each prisoner to monitor skills enhancement and
reentry readiness throughout incarceration;
(C) determine program assignments for
prisoners based on the areas of need identified
through the assessment described in
subparagraph (A);
(D) ensure that priority is given to the
reentry needs of high-risk populations, such as
sex offenders, career criminals, and prisoners
with mental health problems;
(E) coordinate and collaborate with other
Federal agencies and with State, Tribal, and
local criminal justice agencies, community-
based organizations, and faith-based
organizations to help effectuate a seamless
reintegration of prisoners into communities;
(F) collect information about a prisoner's
family relationships, parental
responsibilities, and contacts with children to
help prisoners maintain important familial
relationships and support systems during
incarceration and after release from custody;
and
(G) provide incentives for prisoner
participation in skills development programs.
(2) Incentives for a prisoner who participates in
reentry and skills development programs which may, at
the discretion of the Director, include--
(A) the maximum allowable period in a
community confinement facility; and
(B) such other incentives as the Director
considers appropriate (not including a
reduction of the term of imprisonment).
(b) Identification and Release Assistance for Federal
Prisoners.--
(1) Obtaining identification.--The Director shall
assist prisoners in obtaining identification (including
a social security card, driver's license or other
official photo identification, or birth certificate)
prior to release.
(2) Assistance developing release plan.--At the
request of a direct-release prisoner, a representative
of the United States Probation System shall, prior to
the release of that prisoner, help that prisoner
develop a release plan.
(3) Direct-release prisoner defined.--In this
section, the term ``direct-release prisoner'' means a
prisoner who is scheduled for release and will not be
placed in prerelease custody.
(c) Improved Reentry Procedures for Federal Prisoners.--The
Attorney General shall take such steps as are necessary to
modify the procedures and policies of the Department of Justice
with respect to the transition of offenders from the custody of
the Bureau of Prisons to the community--
(1) to enhance case planning and implementation of
reentry programs, policies, and guidelines;
(2) to improve such transition to the community,
including placement of such individuals in community
corrections facilities; and
(3) to foster the development of collaborative
partnerships with stakeholders at the national, State,
and local levels to facilitate the exchange of
information and the development of resources to enhance
opportunities for successful offender reentry.
(d) Duties of the Bureau of Prisons.--
(1) Duties of the bureau of prisons expanded.--
Section 4042(a) of title 18, United States Code, is
amended--
(A) in paragraph (4), by striking ``and'' at
the end;
(B) in paragraph (5), by striking the period
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) establish prerelease planning
procedures that help prisoners--
``(i) apply for Federal and State
benefits upon release (including Social
Security Cards, Social Security
benefits, and veterans' benefits); and
``(ii) secure such identification and
benefits prior to release, subject to
any limitations in law; and
``(E) establish reentry planning procedures
that include providing Federal prisoners with
information in the following areas:
``(i) Health and nutrition.
``(ii) Employment.
``(iii) Literacy and education.
``(iv) Personal finance and consumer
skills.
``(v) Community resources.
``(vi) Personal growth and
development.
``(vii) Release requirements and
procedures.''.
(2) Measuring the removal of obstacles to reentry.--
(A) Coding required.--The Director shall
ensure that each institution within the Bureau
of Prisons codes the reentry needs and deficits
of prisoners, as identified by an assessment
tool that is used to produce an individualized
skills development plan for each inmate.
(B) Tracking.--In carrying out this
paragraph, the Director shall quantitatively
track the progress in responding to the reentry
needs and deficits of individual inmates.
(C) Annual Report.--On an annual basis, the
Director shall prepare and submit to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that documents the
progress of the Bureau of Prisons in responding
to the reentry needs and deficits of inmates.
(D) Evaluation.--The Director shall ensure
that--
(i) the performance of each
institution within the Bureau of
Prisons in enhancing skills and
resources to assist in reentry is
measured and evaluated using recognized
measurements; and
(ii) plans for corrective action are
developed and implemented as necessary.
(3) Measuring and improving recidivism outcomes.--
(A) Annual report required.--
(i) In general.--At the end of each
fiscal year, the Director shall submit
to the Committee on the Judiciary of
the Senate and the Committee on the
Judiciary of the House of
Representatives a report containing
statistics demonstrating the relative
reduction in recidivism for inmates
released by the Bureau of Prisons
within that fiscal year and the 2 prior
fiscal years, comparing inmates who
participated in major inmate programs
(including residential drug treatment,
vocational training, and prison
industries) with inmates who did not
participate in such programs. Such
statistics shall be compiled separately
for each such fiscal year.
(ii) Scope.--A report under this
paragraph is not required to include
statistics for a fiscal year that
begins before the date of the enactment
of this Act.
(B) Measure used.--In preparing the reports
required by subparagraph (A), the Director
shall, in consultation with the Director of the
Bureau of Justice Statistics, select a measure
for recidivism (such as rearrest,
reincarceration, or any other valid, evidence-
based measure) that the Director considers
appropriate and that is consistent with the
research undertaken by the Bureau of Justice
Statistics under section 241(b)(6).
(C) Goals.--
(i) In general.--After the Director
submits the first report required by
subparagraph (A), the Director shall
establish goals for reductions in
recidivism rates and shall work to
attain those goals.
(ii) Contents.--The goals established
under clause (i) shall use the relative
reductions in recidivism measured for
the fiscal year covered by the first
report required by subparagraph (A) as
a baseline rate, and shall include--
(I) a 5-year goal to
increase, at a minimum, the
baseline relative reduction
rate of recidivism by 2
percent; and
(II) a 10-year goal to
increase, at a minimum, the
baseline relative reduction
rate of recidivism by 5 percent
within 10 fiscal years.
(4) Format.--Any written information that the Bureau
of Prisons provides to inmates for reentry planning
purposes shall use common terminology and language.
(5) Medical care.--The Bureau of Prisons shall
provide the United States Probation and Pretrial
Services System with relevant information on the
medical care needs and the mental health treatment
needs of inmates scheduled for release from custody.
The United States Probation and Pretrial Services
System shall take this information into account when
developing supervision plans in an effort to address
the medical care and mental health care needs of such
individuals. The Bureau of Prisons shall provide
inmates with a sufficient amount of all necessary
medications (which will normally consist of, at a
minimum, a 2-week supply of such medications) upon
release from custody.
(e) Encouragement of Employment of Former Prisoners.--The
Attorney General, in consultation with the Secretary of Labor,
shall take such steps as are necessary to educate employers and
the one-stop partners and one-stop operators (as such terms are
defined in section 3 of the Workforce Innovation and
Opportunity Act) that provide services at any center operated
under a one-stop delivery system established under section
121(e) of the Workforce Innovation and Opportunity Act
regarding incentives (including the Federal bonding program of
the Department of Labor and tax credits) for hiring former
Federal, State, or local prisoners.
(f) Medical Care for Prisoners.--Section 3621 of title 18,
United States Code, is further amended by adding at the end the
following new subsection:
``(g) Continued Access to Medical Care.--
``(1) In general.--In order to ensure a minimum
standard of health and habitability, the Bureau of
Prisons should ensure that each prisoner in a community
confinement facility has access to necessary medical
care, mental health care, and medicine through
partnerships with local health service providers and
transition planning.
``(2) Definition.--In this subsection, the term
`community confinement' has the meaning given that term
in the application notes under section 5F1.1 of the
Federal Sentencing Guidelines Manual, as in effect on
the date of the enactment of the Second Chance Act of
2007.''.
(g) Elderly and Family Reunification for Certain Nonviolent
Offenders Pilot Program.--
(1) Program authorized.--
(A) In general.--The Attorney General shall
conduct a pilot program to determine the
effectiveness of removing eligible elderly
offenders from a Bureau of Prisons facility and
placing such offenders on home detention until
the expiration of the prison term to which the
offender was sentenced.
(B) Placement in home detention.--In carrying
out a pilot program as described in
subparagraph (A), the Attorney General may,
upon written request from the Director of the
Bureau of Prisons or an eligible elderly
offender, release some or all eligible elderly
offenders from the Bureau of Prisons facility
to home detention.
(C) Waiver.--The Attorney General is
authorized to waive the requirements of section
3624 of title 18, United States Code, as
necessary to provide for the release of some or
all eligible elderly offenders from the Bureau
of Prisons facility to home detention for the
purposes of the pilot program under this
subsection.
(2) Violation of terms of home detention.--A
violation by an eligible elderly offender of the terms
of home detention (including the commission of another
Federal, State, or local crime) shall result in the
removal of that offender from home detention and the
return of that offender to the designated Bureau of
Prisons institution in which that offender was
imprisoned immediately before placement on home
detention under paragraph (1), or to another
appropriate Bureau of Prisons institution, as
determined by the Bureau of Prisons.
(3) Scope of pilot program.--A pilot program under
paragraph (1) shall be conducted through at least one
Bureau of Prisons facility designated by the Attorney
General as appropriate for the pilot program and shall
be [carried out during fiscal years 2009 and 2010]
carried out during fiscal years 2016 through 2020.
(4) Implementation and evaluation.--The Attorney
General shall monitor and evaluate each eligible
elderly offender placed on home detention under this
section, and shall report to Congress concerning the
experience with the program at the end of the period
described in paragraph (3). The Administrative Office
of the United States Courts and the United States
probation offices shall provide such assistance and
carry out such functions as the Attorney General may
request in monitoring, supervising, providing services
to, and evaluating eligible elderly offenders released
to home detention under this section.
(5) Definitions.--In this section:
(A) Eligible elderly offender.--The term
``eligible elderly offender'' means an offender
in the custody of the Bureau of Prisons--
(i) who is not less than 65 years of
age;
(ii) who is serving a term of
imprisonment that is not life
imprisonment based on conviction for an
offense or offenses that do not include
any crime of violence (as defined in
section 16 of title 18, United States
Code), sex offense (as defined in
section 111(5) of the Sex Offender
Registration and Notification Act),
offense described in section
2332b(g)(5)(B) of title 18, United
States Code, or offense under chapter
37 of title 18, United States Code, and
has served [the greater of 10 years or]
75 percent of the term of imprisonment
to which the offender was sentenced;
(iii) who has not been convicted in
the past of any Federal or State crime
of violence, sex offense, or other
offense described in clause (ii);
(iv) who has not been determined by
the Bureau of Prisons, on the basis of
information the Bureau uses to make
custody classifications, and in the
sole discretion of the Bureau, to have
a history of violence, or of engaging
in conduct constituting a sex offense
or other offense described in clause
(ii);
(v) who has not escaped, or attempted
to escape, from a Bureau of Prisons
institution;
(vi) with respect to whom the Bureau
of Prisons has determined that release
to home detention under this section
will result in a substantial net
reduction of costs to the Federal
Government; and
(vii) who has been determined by the
Bureau of Prisons to be at no
substantial risk of engaging in
criminal conduct or of endangering any
person or the public if released to
home detention.
(B) Home detention.--The term ``home
detention'' has the same meaning given the term
in the Federal Sentencing Guidelines as of the
date of the enactment of this Act, and includes
detention in a nursing home or other
residential long-term care facility.
(C) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of
imprisonment ordered to run consecutively or
concurrently, which shall be treated as a
single, aggregate term of imprisonment for
purposes of this section.
[(h) Federal Remote Satellite Tracking and Reentry Training
Program.--
[(1) Establishment of program.--The Director of the
Administrative Office of the United States Courts, in
consultation with the Attorney General, may establish
the Federal Remote Satellite Tracking and Reentry
Training (ReStart) program to promote the effective
reentry into the community of high risk individuals.
[(2) High risk individuals.--For purposes of this
section, the term ``high risk individual'' means--
[(A) an individual who is under supervised
release, with respect to a Federal offense, and
who has previously violated the terms of a
release granted such individual following a
term of imprisonment; or
[(B) an individual convicted of a Federal
offense who is at a high risk for recidivism,
as determined by the Director of the Bureau of
Prisons, and who is eligible for early release
pursuant to voluntary participation in a
program of residential substance abuse
treatment under section 3621(e) of title 18,
United States Code, or a program described in
this section.
[(3) Program elements.--The program authorized under
paragraph (1) shall include, with respect to high risk
individuals participating in such program, the
following core elements:
[(A) A system of graduated levels of
supervision, that uses, as appropriate and
indicated--
[(i) satellite tracking, global
positioning, remote satellite, and
other tracking or monitoring
technologies to monitor and supervise
such individuals in the community; and
[(ii) community corrections
facilities and home confinement.
[(B) Substance abuse treatment and aftercare
related to such treatment, mental and medical
health treatment and aftercare related to such
treatment, vocational and educational training,
life skills instruction, conflict resolution
skills training, batterer intervention
programs, and other programs to promote
effective reentry into the community as
appropriate.
[(C) Involvement of the family of such an
individual, a victim advocate, and the victim
of the offense committed by such an individual,
if such involvement is safe for such victim
(especially in a domestic violence case).
[(D) A methodology, including outcome
measures, to evaluate the program.
[(E) Notification to the victim of the
offense committed by such an individual of the
status and nature of such an individual's
reentry plan.]
[(i)] (h) Authorization for Appropriations for Bureau of
Prisons.--There are authorized to be appropriated to the
Attorney General to carry out this section, $5,000,000 for each
of fiscal years [2009 and 2010] 2016 through 2020.
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